Case C-67/05, Commission v Germany

The European Court of Justice (ECJ) gave judgement in the case of Commission v Germany (Case C-67/05) on 15 December 2005.

At the hearing of the case on 11 February 2005, the Commission sought a declaration of the Court to the effect that, by failing to adopt all the laws, regulations and administrative provisions necessary to give effect to Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (the Water Framework Directive), or to inform the Commission thereof, the Federal Republic of Germany has failed to fulfil its obligations under that directive.

The Water Framework Directive was due to have been transposed by Member States by 22 December 2003. While Germany argued that the majority of the Lander had already adopted various laws amending regional legislation in order to implement the Water Framework Directive, which came into effect between March and May of 2005, the Court held that in accordance with ECJ jurisprudence, it could only take into account the situation of the Member State on expiration of the time provided within the Reasoned Opinion.

Germany was therefore held to be in breach of the Directive.

The full judgement of the case is available in French and German here.

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