Judgment of the Court (Sixth Chamber) of 29 March 2012 —Commission v Sweden(Case C-607/10)
Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
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. 258 TFEU) (see para. 23)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 5(1) of Directive 2008/1/EC of the European Parliament
and of the Council of 15 January 2008 concerning integrated pollution prevention and control (OJ 2008 L 24, p. 8) — Conditions
for the authorisation of existing installations — Obligation to ensure that those installations are operated in accordance
with the requirements laid down in the directive.
Operative part
The Court:
1.
Declares that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means
of permits issued in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council
of 15 January 2008 concerning integrated pollution prevention and control (Codified version) or, as appropriate, by reconsidering
and, where necessary, by updating the conditions, that all existing installations operate in accordance with the requirements
of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, the Kingdom of Sweden has failed
to fulfil its obligations under Article 5(1) of that directive;
2.
Orders the Kingdom of Sweden to pay the costs.