Pretura unificata di Torino v X. [1988] EUECJ R-228/87 (22 September 1988)

Pretura unificata di Torino v X. [1988] EUECJ R-228/87 (22 September 1988)

Article 10(1) of Directive 80/778/EEC permits derogations from maximum permitted concentrations in water for human consumption only in urgent situations, for the time necessary to restore water quality, without posing unacceptable risk to public health, and only if the supply cannot be maintained otherwise.

Citation
[1988] EUECJ R-228/87
Parties
Referring Court: Pretura unificata di Torino (The Turin Magistrates' Court); Defendant: Persons unknown (criminal proceedings); Intervener: Commission of the European Communities; Intervener: Italian Government
Jurisdiction
European Union
Judgment Date
22 September 1988
Procedural Posture
Preliminary Ruling (article 177 Eec) / Judgment on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued: Article 10(1) of Directive 80/778/EEC interpreted as permitting derogations only in urgent situations, for a limited period, without unacceptable risk to health, and only if no alternative supply is possible.
Legal Topics
Interpretation of Directive 80/778/eec, Water Quality Standards, Derogations From EU Directives, Public Health Protection
European Union Law Environmental Law Criminal Law Interpretation of Directive 80/778/eec Water Quality Standards Derogations From EU Directives Public Health Protection

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Parties

Pretura unificata di Torino (The Turin Magistrates' Court)

Referring Court

Persons unknown (criminal proceedings)

Defendant

Commission of the European Communities

Intervener

Italian Government

Intervener

Procedural Posture

Preliminary Ruling (article 177 Eec) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Article 10(1) of Directive 80/778/EEC authorizes Member States to introduce derogations in the manner and circumstances as done by the Italian authorities regarding water quality standards.

Ratio Decidendi

Article 10(1) of Directive 80/778/EEC permits derogations from maximum permitted concentrations in water for human consumption only in urgent situations, for the time necessary to restore water quality, without posing unacceptable risk to public health, and only if the supply cannot be maintained otherwise.

Court Disposition

Preliminary ruling issued: Article 10(1) of Directive 80/778/EEC interpreted as permitting derogations only in urgent situations, for a limited period, without unacceptable risk to health, and only if no alternative supply is possible.

Orders

  • Authorization to exceed maximum permitted concentrations must be granted only in urgent situations involving sudden difficulties in water supply.
  • Such authorization must be limited to the time necessary to restore water quality, must not pose unacceptable risk to health, and may be given only if supply cannot be maintained otherwise.