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Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to make the connection at that point. Held: The authority’s appeal failed. The … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court: ECJ 8 Feb 2007

ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept of waste Waste water which escapes from a collecting system. Citations: C-252/05, [2007] EUECJ C-252/05, [2007] 1 WLR 1945, [2007] 3 CMLR 2, … Continue reading Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court: ECJ 8 Feb 2007

Commission v Spain (Environment And Consumers): ECJ 8 Sep 2005

ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive 91/271/EEC – … Continue reading Commission v Spain (Environment And Consumers): ECJ 8 Sep 2005

Commission v Portugal C-220/10: ECJ 8 Sep 2011

ECJ Failure to fulfill obligations – Directive 91/271/EEC – Pollution and nuisance – Treatment of urban waste water – Articles 3, 5 and 6 – Failure to identify sensitive areas – Failure to implement more stringent treatment of discharges into sensitive areas Citations: [2011] EUECJ C-220/10 Links: Bailii Statutes: Directive 91/271/EEC Jurisdiction: European European, Environment … Continue reading Commission v Portugal C-220/10: ECJ 8 Sep 2011

Commission v Italy C-251/17: ECJ 31 May 2018

Environment – Judgment – Failure of a Member State to fulfill obligations – Urban waste water collection and treatment – Directive 91/271 / EEC – Articles 3, 4 and 10 – Judgment of the Court establishing a failure to fulfill obligations – Non-implementation – Article 260 (2) TFEU – Financial penalties – Time-limit and lump … Continue reading Commission v Italy C-251/17: ECJ 31 May 2018

Commission v Portugal C-557/14: ECJ 22 Jun 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Lump sum payment and penalty payment ECLI:EU:C:2016:471, [2016] EUECJ C-557/14 Bailii TFEU 260(2), Directive 91/271/EEC European, Environment … Continue reading Commission v Portugal C-557/14: ECJ 22 Jun 2016

Commission v Cyprus and Epuration Des Eaux Urbaines Residuaires: ECJ 5 Mar 2020

Judgment -Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Urban waste water treatment – Articles 3, 4, 10 and 15 – Annex I, points A, B and D – Lack of urban water collection systems in certain agglomerations – Absence of secondary treatment or equivalent treatment … Continue reading Commission v Cyprus and Epuration Des Eaux Urbaines Residuaires: ECJ 5 Mar 2020

Commission v Spain: ECJ 10 Mar 2016

ECJ (Judgment) Failure to fulfill obligations – Directive 91/271 / EEC – Treatment of urban waste water – collection and treatment systems – Discharges into sensitive areas – Method of monitoring – Collection of samples ECLI:EU:C:2016:156, C-38/15, [2016] EUECJ C-38/15 Bailii Directive 91/271/EEC European Environment Updated: 12 January 2022; Ref: scu.560954

Commission v Greece: ECJ 15 Oct 2015

ECJ (Judgment) Failure to fulfill obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum and penalty payment C-167/14, [2015] EUECJ C-167/14, ECLI:EU:C:2015:684 Bailii Directive 91/271/EEC European, Environment Updated: 05 January 2022; Ref: scu.553612

European Commission v Grand Duchy Of Luxembourg, v United Kingdom Of Great Britain And Northern Ireland: ECJ 28 Nov 2013

Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260 TFEU – Pecuniary penalties – Imposition of a penalty payment and a lump sum payment C-576/11, [2013] EUECJ C-576/11 Bailii Directive 91/271/EEC … Continue reading European Commission v Grand Duchy Of Luxembourg, v United Kingdom Of Great Britain And Northern Ireland: ECJ 28 Nov 2013

European Commission v Kingdom of Belgium, United Kingdom of Great Britain and Northern Ireland: ECJ 17 Oct 2013

ECJ Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste-water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260 TFEU – Financial penalties – Imposition of a lump sum and a penalty payment C-533/11, [2013] EUECJ C-533/11 Bailii Directive 91/271/EEC European Updated: … Continue reading European Commission v Kingdom of Belgium, United Kingdom of Great Britain and Northern Ireland: ECJ 17 Oct 2013

Commission of The European Communities v United Kingdom (Third Chamber) C-390/07: ECJ 10 Dec 2009

ECJ Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste water treatment – Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II – Initial failure to identify sensitive areas – Concept of ‘eutrophication’ – Criteria – Burden of proof – Relevant date … Continue reading Commission of The European Communities v United Kingdom (Third Chamber) C-390/07: ECJ 10 Dec 2009

Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021

Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – Lack of urban water collection systems in certain agglomerations – Lack of secondary treatment or equivalent treatment of urban waste water in certain … Continue reading Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021

Commission v Belgium: ECJ 6 Nov 2014

comm_belgECJ1411 ECJ Judgment – Failure of a Member State to fulfil obligations – Urban waste water – Directive 91/271/EEC – Articles 3 and 4 – Obligation to collect – Obligation to treat T von Danwitz, P C-395/13, [2014] EUECJ C-395/13, ECLI:EU:C:2014:2347 Bailii Directive 91/271/EEC European, Utilities Updated: 01 November 2021; Ref: scu.538466