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Findings of the European Court of Justice

Findings of the European Court of Justice. Ireland failed to fulfil its obligations under the Drinking Water Direstive by failure to ensure compliance with the microbiological parameters in certain public and group water schemes.

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Findings of the European Court of Justice

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  1. Findings of the European Court of Justice • Ireland failed to fulfil its obligations under the Drinking Water Direstive by • failure to ensure compliance with the microbiological parameters in certain public and group water schemes. • failure to reflect binding character of the Directive in relation to Group Schemes.

  2. Article 228(1) of the Treaty establishing the EC • if the ECJ finds that a Member State has failed to fulfil an obligation under the Treaty, the State is required to take the necessary measures to comply with the judgement of the Court.

  3. Article 228 letter to the Minister for Foreign Affairs states • 28% of Group Schemes non-compliant with E-Coli parameters • 47% non-compliant with total coliform parameters • Ireland currently non-compliant with ECJ judgement • Ireland failing to fulfil its obligations under Article 228 (1) of the Treaty

  4. PENALTIES • European Commission may refer a case to the ECJ and specify the level of sanction / penalty to be imposed, including • amount of lump sum • amount of penalty (daily fines) • amount of both

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