A.M.L. van Rooij v Dagelijks bestuur van het waterschap de Dommel.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Hirsch
• ECLI: ECLI:EU:C:1999:458
• Date: 29 September 1999
• Docket Number: C-231/97
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

|

61997J0231

Judgment of the Court (Sixth Chamber) of 29 September 1999. - A.M.L. van Rooij v Dagelijks bestuur van het waterschap de Dommel. - Reference for a preliminary ruling: Raad van State - Netherlands. - Environment - Directive 76/464/EEC - "Discharge" - Possibility for a Member State to adopt a wider definition of "discharge" than that in the directive. - Case C-231/97.

European Court reports 1999 Page I-06355

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Environment - Water pollution - Directive 76/464 - `Discharge' within the meaning of Article 1(2)(d) of the Directive - Precipitation of contaminated steam on to surface water - Precipitation on to land and roofs

(Council Directive 76/464, Art. 1(2)(d))

Summary

$$The term `discharge' in Article 1(2)(d) of Directive 76/464 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community must be interpreted as covering the emission of contaminated steam which is precipitated on to surface water. The distance between those waters and the place of emission of the contaminated steam is relevant only for the purpose of determining whether the pollution of the waters cannot be regarded as foreseeable according to general experience, so that the pollution is not attributable to the person causing the steam.

The term `discharge' must also be interpreted as covering the emission of contaminated steam which is first precipitated on to land and roofs and then reaches the surface water via a storm drain. It is not material in this respect whether the drain in question belongs to the establishment concerned or to a third party.

Parties

In Case C-231/97,

REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Nederlandse Raad van State (Netherlands) for a preliminary ruling in the proceedings pending before that court between

A.M.L. van Rooij

and

Dagelijks bestuur van het waterschap de Dommel,

third party:

Gebr. Van Aarle BV,

">on the interpretation of Article 1(2) of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ 1976 L 129, p. 23),

THE COURT

(Sixth Chamber),

composed of: P.J.G. Kapteyn, President of the Chamber, G. Hirsch (Rapporteur) and R. Schintgen, Judges,

Advocate General: A. Saggio,

Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of:

- Mr van Rooij, by himself,

- the Netherlands Government, by A. Bos, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent,

- the French Government, by K. Rispal-Bellanger, Head of the Subdirectorate for International Economic Law and Community Law in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and R. Nadal, Assistant Secretary for Foreign Affairs in that directorate, acting as Agents,

- the Finnish Government, by H. Rotkirch, Ambassador, Head of the Legal Department of the Ministry of Foreign Affairs, acting as Agent,

- the Commission of the European Communities, by G. zur Hausen, Legal Adviser, acting as Agent, assisted by J.-J. Evrard, of the Brussels Bar,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr van Rooij, appearing in person; Dagelijks Bestuur van het Waterschap de Dommel, represented by A.P.L. Verkaik, acting as Agent; Gebr. Van Aarle BV, represented by K. Boon, engineer; the Netherlands Government, represented by J.S. van den Oosterkamp, Assistant Legal Adviser in the Ministry of Foreign Affairs, acting as Agent; the Finnish Government, represented by T. Pynnä, Legislative Adviser in the Ministry of Foreign Affairs, acting as Agent; and the Commission, represented by G. zur Hausen, assisted by M. van Der Woude, of the Brussels Bar, at the hearing on 25 November 1998,

after hearing the Opinion of the Advocate General at the sitting on 25 February 1999,

gives the following

Judgment

Grounds

1 By judgment of 17 June 1997, received at the Court on 25 June 1997, the Nederlandse Raad van State (Council of State) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty (now Article 234 EC) three questions on the interpretation of Article 1(2) of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ 1976 L 129, p. 23).

2 Those questions were raised in proceedings brought by Mr van Rooij contesting the decision of Dagelijks Bestuur van het Waterschap de Dommel (Dommel Water Authority, hereinafter `the competent authority') rejecting his complaint against an earlier decision of that authority refusing to adopt conservation measures for the protection of surface water.

Legal background

Directive 76/464

3 The aim...