Judgment of the Court (Eighth Chamber) of 24 May 2012 — Commission v Austria

(Case C-352/11)

‛Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive’

1. 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. 9)

2. Member States — Obligations — Implementation of directives — Enforcement in part — Failure to fulfil obligations (Art. 258 TFEU) (see para. 11)

3. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 13)

Re:

Failure by a Member State to fulfil its 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) — Requirements for the granting of permits for existing installations — Obligation to ensure that those installations are operated in accordance with the requirements provided for under that directive.

Operative part

The Court:

1. Declares that, by failing to grant permits 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, to reconsider and, if necessary, renew existing permits, and to ensure that all existing installations are operated in accordance with the requirements of Articles 3, 7, 9, 10 and 13, 14(a) and (b) and Article 15(2) of that directive, the Republic of Austria has failed to fulfil its obligations under Article 5(1) of that directive;

2. Orders the Republic of Austria to pay the costs.

Judgment of the Court (Eighth Chamber) of 24 May 2012 — Commission v Austria

(Case C-352/11)

‛Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive’

1. 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. 9)

2. Member States — Obligations — Implementation of directives — Enforcement in part — Failure to fulfil obligations (Art. 258 TFEU) (see para. 11)

3. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 13)

Re:

Failure by a Member State to fulfil its 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) — Requirements for the granting of permits for existing installations — Obligation to ensure that those installations are operated in accordance with the requirements provided for under that directive.

Operative part

The Court:

1. Declares that, by failing to grant permits 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, to reconsider and, if necessary, renew existing permits, and to ensure that all existing installations are operated in accordance with the requirements of Articles 3, 7, 9, 10 and 13, 14(a) and (b) and Article 15(2) of that directive, the Republic of Austria has failed to fulfil its obligations under Article 5(1) of that directive;