Judgment of the Court (Fourth Chamber) of 14 June 2007. – Commission of the European Communities v Ireland.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Incomplete transposition of Articles 3, 4 and 5 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ 1979 L 281, p. 47) – Failure to designate certain shellfish waters, to establish pollution-reduction programmes and to set control parameters.

Operative part

The Court:

1. Declares that, by failing:

– in accordance with Article 4 of Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters, to designate all shellfish waters requiring designation;

– in accordance with Article 3 of Directive 79/923, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4; and

– in accordance with Article 5 of Directive 79/923, to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4,

Ireland has failed to fulfil its obligations under that directive;

2. Orders Ireland to pay the costs.