Case C-271/07: Action brought on 7 June 2007 — Commission of the European Communities v Kingdom of Belgium
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, air quality, industrial pollution, national implementing measure, polluter pays principle, pollution control measures, waste management

8.9.2007

EN

Official Journal of the European Union

C 211/13

Action brought on 6 June 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

Action brought on 7 June 2007 — Commission of the
European Communities v Kingdom of Belgium

(Case C-268/07)

(2007/C 211/23)

(Case C-271/07)

(2007/C 211/24)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and J.-B. Laignelot, acting as
Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/17/EC of the European Parliament and of the Council
of 31 March 2004 coordinating the procurement procedures
of entities operating in the water, energy,
transport and
postal services sectors (1), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 71 of that
directive;

In the alternative:

declare that, by failing to notify the Commission of the laws,
regulations
and administrative provisions necessary to
comply with Directive 2004/17/EC of the European Parlia-
ment and of the Council of 31 March 2004 coordinating the
procurement procedures of entities operating in the water,
the Grand
energy,
Duchy of Luxembourg has failed to fulfil
its obligations
under Article 71 of that directive;

transport and postal services sectors,

2. order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

period

The
prescribed
2004/17/EC expired on 31 January 2006.

for

transposition

of Directive

Defendant: Kingdom of Belgium

Form of order sought

— Declare

incorrectly

that, by partially or

transposing
Article 2(2), (3), (4), (5), (6), (7), (9), (10) and (11), Article 3,
Article 5, Article 6(1), Article 8, Article 9(3), (4), (5) and (6),
Article 10, Article 12(2), Article 13(1) and (2), Article 14,
Article 17(2) of Council Directive 96/61/EC of 24 September
1996 (1) concerning integrated pollution prevention and
control, and Annex I and Annex IV thereto, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

By its action, the Commission complains that the defendant has
transposed partially or incorrectly, or failed to transpose, a
number of essential provisions of Directive 96/61. The action,
which concerns the measures adopted (or not adopted) by the
Region of Wallonia and the Region of Bruxelles-Capitale, relates,
in particular, to the lack of correspondence between the material
scope of application of those measures and that of the Directive
and to the over-wide power of assessment given to the regional
authorities with regard to the operating permits and the situa-
tions in which the conditions of the permit must be re-assessed
and/or updated.

(1) OJ 2004 L 134, p. 1.

(1) OJ L 257, p. 26.