Judgment — ECLI:EU:C:2009:601
Date: 2009-10-01
Language of the case: English
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Malta

Judgment of the Court (Sixth Chamber) of 1 October 2009 – Commission v Malta (Case C‑252/08) Failure of a Member State to fulfil obligations – Pollution and nuisance – Combustion plants – Limitation of emissions of certain pollutants into the air Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7) Re: Failure of a Member State to fulfil obligations – Infringement of Article 4(1) in conjunction with Annexes IV A, VI A and VII A, and of Article 12 in conjunction with Annexe VIII A.2 of Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ 2001 L 309, p. 1) – Non-compliance with the emission limit values laid down in respect of sulphur dioxide, nitrogen oxides and dust – Delimara and Marsa installations. Operative part The Court: 1. Declares that, by failing correctly to apply Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants in relation to the operation of the Phase One steam plant of the Delimara and Marsa power stations, the Republic of Malta has failed to fulfil its obligations under Articles 4(1) and 12 of that directive in conjunction with Part A of Annex IV, Part A of Annex VI, Part A of Annex VII and Part A.2 of Annex VIII thereto; 2. Orders the Republic of Malta to pay the costs.