The Commission brought action under Article 226 EC for a declaration that Sweden had failed to fulfill its obligations under Articles 4 (1) and 6 (1) of Council Directive 76/160/EEC of 8 December 1975.
The basis was that Sweden had failed to take measures to ensure that the quality of bathing water conformed to the limit values laid down in the Directive and to adhere to the minimum sampling frequencies, which it laid down.
Sweden responded that the samples taken in 1999 and 2000 indicated that, with a few exceptions, the quality of Swedish bathing water complied with the Directive.
The court held that according to the evidence before the court that was not challenged by the Swedish authorities, the quality of Swedish bathing waters had not been made to comply with the mandatory limit values laid down by the Directive within the period fixed in the reasoned opinion. Furthermore, in certain bathing areas, sampling operations had not been carried out in accordance with the minimum sampling frequencies laid down by the Directive, and the Swedish authorities had not taken measures to remedy that omission within an appropriate period.
Therefore the Kingdom of Sweden had failed to fulfill its obligations under Articles 4 (1) and 6 (1) of Council Directive 76/160/EEC by not taking all necessary measures to ensure that the quality of bathing water conformed to the mandatory limit values laid down by the Directive and also by failing to adhere to the minimum sampling