Case C-263/07: Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 96/61/EC — Article 9(4) — Article 13(1) — Annex I — Integrated pollution prevention and control — Concepts of application of the best available techniques and periodic reconsideration of the conditions for an operating permit )
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, air quality, industrial pollution, polluter pays principle, pollution control measures, waste management

26.1.2008

EN

Official Journal of the European Union

C 22/17

Judgment of the Court (Seventh Chamber) of 6 December
the European Communities v
2007 — Commission of

Judgment of the Court (Sixth Chamber) of 29 November
the European Communities v
2007 — Commission of

Kingdom of Sweden

Grand Duchy of Luxembourg

(Case C-258/07) (1)

(Case C-263/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/18/EC — Procedures for the award of public works
contracts, public supply contracts and public service contracts
— Non-transposition within the prescribed period)

(2008/C 22/32)

Language of the case: Swedish

(Failure of a Member State to fulfil obligations — Incorrect
transposition — Directive 96/61/EC — Article 9(4) —
Article 13(1) — Annex I — Integrated pollution prevention
and control — Concepts of ‘application of the best available
techniques’ and ‘periodic reconsideration of the conditions for
an operating permit’)

(2008/C 22/33)

Language of the case: French

Parties

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

Defendant: Kingdom of Sweden (represented by: A. Falk, acting
as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed period, the measures necessary
to comply with Directive 2004/18/EC of the European Parlia-
ment and of the Council of 31 March 2004 on the coordination
of procedures for the award of public works contracts, public
supply contracts and public service contracts (OJ 2004 L 134,
p. 114)

Operative part of the judgment

The Court:

1. Declares that by not having adopted, within the prescribed period,
the legislative, regulatory and administrative measures necessary to
comply with Directive 2004/18/EC of the European Parliament
and of the Council of 31 March 2004 on the coordination of
procedures for the award of public works contracts, public supply
contracts and public service contracts, the Kingdom of Sweden has
failed to fulfil its obligations under that directive;

Parties

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 (represented by: C.
Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Incorrect trans-
position of Articles 9(4) and 13(1) of Council Directive
96/61/EC of 24 September 1996 concerning integrated pollu-
tion prevention and control (OJ 1996 L 257, p. 26) and of
Annex I thereto — Concepts of application of the ‘best available
techniques’ and ‘periodic reconsideration’ of the conditions for
an operating permit

Operative part of the judgment

The Court:

1. Declares that, by failing correctly to transpose Articles 9(4) and
13(1) of Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control, and of
Annex I thereto, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that directive;

2. Orders the Kingdom of Sweden to pay the costs.

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

(1) OJ C 183, 4.8.2007.

(1) OJ C 211 of 8.9.2007.