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The Nitrates Directive

Case-law relevant to the Nitrates Directive

  1. Case C-41/11: Inter-Environnement Wallonie ASBL and Terre wallonne ASBL v Région wallonne. Judgment of the Court (Grand Chamber) of 28 February 2012. Reference for a preliminary ruling: Conseil d'État - Belgium. Protection of the environment - Directive 2001/42/EC - Articles 2 and 3 - Assessment of the effects of certain plans and programmes on the environment - Protection of waters against pollution caused by nitrates from agricultural sources - Plan or programme - No prior environmental assessment - Annulment of a plan or programme - Possibility of maintaining the effects of the plan or programme – Conditions
  1. Case C-526/08: European Commission v Grand Duchy of Luxemburg. Judgment of the Court (Grand Chamber) of 29 June 2010. Failure of a Member State to fulfil obligations - Admissibility - Non bis in idem - Res judicata - Articles 226 EC and 228 EC - Article 29 of the Rules of Procedure - Language of the case - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Non-compliance of national measures with the rules relating to the periods, conditions and techniques of land application of fertiliser - Minimum storage capacity for liquid manure - Prohibition on land application on steeply sloping ground - Techniques ensuring a uniform and effective land application of fertiliser.
  1. Joined cases C-105/09 and C-110/09. Terre wallonne ASBL (C-105/09) and Inter-Environnement Wallonie ASBL (C-110/09) v Région wallonne. Judgment of the Court (Fourth Chamber) of 17 June 2010. References for a preliminary ruling: Conseil d'État - Belgium. Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Action programmes in respect of vulnerable zones.
  1. Case C-147/07. Commission of the European Communities v French Republic. Judgment of the Court (Seventh Chamber) of 31 January 2008. Failure of a Member State to fulfil obligations - Directives 80/778/EEC and 98/83/EC - Quality of water intended for human consumption - Maximum concentrations of nitrates and pesticides - Incorrect application.
  1. Case C-221/03. Commission of the European Communities v Kingdom of Belgium. Judgment of the Court (Third Chamber) of 22 September 2005. Failure of a Member State to fulfil obligations - Directive 91/676/EEC - Incomplete transposition - Protection of water against pollution by nitrates from agricultural sources - Failure to identify waters that are or could be affected by pollution - Incorrect and inadequate designation of vulnerable zones - Code of good agricultural practice - Inadequacies - Action programme - Inadequacies and incomplete application.
  1. Case C-416/02. Commission of the European Communities v Kingdom of Spain. Judgment of the Court (Third Chamber) of 8 September 2005. 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 - Urban waste-water treatment - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Pollution caused by a pig farm.
  1. Case C-396/01. Commission of the European Communities v Ireland. Judgment of the Court (Fifth Chamber) of 11 March 2004. Failure of a Member State to fulfil its obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution and waters which could be affected by pollution - Designation of vulnerable zones which contribute to pollution - Establishment of action programmes in respect of designated vulnerable zones - Monitoring and review.
  1. Case C-322/00. Commission of the European Communities v Kingdom of the Netherlands. Judgment of the Court (Sixth Chamber) of 2 October 2003. Failure of a Member State to fulfil its obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III - Capacity of storage vessels for livestock manure - Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation - Ensuring that the amount of livestock manure applied to land each year does not exceed a specified amount per hectare - Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers - Obligation to adopt any additional measures or reinforced actions necessary.
  1. Case C-258/00. Commission of the European Communities v French Republic. Judgment of the Court (Sixth Chamber) of 27 June 2002. Failure to fulfil obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution - Designation of vulnerable zones.
  1. Case C-161/00. Commission of the European Communities v Federal Republic of Germany. Judgment of the Court (Sixth Chamber) of 14 March 2002. Failure by a Member State to fulfil its obligations - Directive 91/676/EEC - Pollution - Protection of waters - Nitrates.
  1. Case C-127/99. Commission of the European Communities v Italian Republic. Judgment of the Court (Sixth Chamber) of 8 November 2001. Failure by a Member State to fulfil its obligations - Inadequate implementation of Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources.
  1. Case C-69/99. Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. Judgment of the Court (Third Chamber) of 7 December 2000. Failure of a Member State to fulfil its obligations - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution - Specifying of surface freshwaters.
  1. Case C-293/97. The Queen v Secretary of State for the Environment and Ministry of Agriculture, Fisheries and Food, ex parte H.A. Standley and Others and D.G.D. Metson and Others. Judgment of the Court (Fifth Chamber) of 29 April 1999. Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division - United Kingdom. Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution - Designation of vulnerable zones - Criteria - Validity in the light of the polluter pays principle, the principle that environmental damage should as a priority be rectified at source, the principle of proportionality and the right to property.