Case C-271/07: Judgment of the Court (Sixth Chamber) of 20 May 2008 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 96/61/EC — Integrated pollution prevention and control — Incomplete and incorrect transposition)
Date: 2008-05-20
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

C 171/10

EN

Official Journal of the European Union

5.7.2008

Judgment of the Court (Sixth Chamber) of 20 May 2008 —
Commission of the European Communities v Kingdom of
Belgium

(Case C-271/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
96/61/EC — Integrated pollution prevention and control —
Incomplete and incorrect transposition)

(2008/C 171/16)

Language of the case: French

Judgment of the Court (Seventh Chamber) of 15 May 2008
(reference for a preliminary ruling from the Corte
d'appello di Firenze (Italy)) — Nancy Delay v Università
degli studi di Firenze, Istituto nazionale della previdenza
sociale (INPS), Repubblica italiana

(Case C-276/07) (1)

(Freedom of movement for workers — Discrimination on
grounds of nationality — Category of ‘exchange assistants’
— Former foreign-language assistants — Recognition of
acquired rights)

(2008/C 171/17)

Language of the case: Italian

Parties

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

Defendant: Kingdom of Belgium (represented by: C. Pochet,
Agent)

Referring court

Corte d'appello di Firenze

Re:

Failure of a Member State to fulfil
its obligations — Partial,
incorrect or non-existent transposition of 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 Direc-
tive 96/61/EC of 24 September 1996 concerning integrated
pollution prevention and control, and Annex I and Annex IV
thereto (OJ 1996 L 257, p. 26) — Lack of correspondence
between the material scope of application of the transposition
measures and that of
the directive — Over-wide power of
assessment given to the regional authorities with regard to the
operating permits and the situations in which the conditions of
the permit must be re-assessed and/or updated

Parties to the main proceedings

Applicant: Nancy Delay

Defendant: Università degli studi di Firenze, Istituto nazionale
della previdenza sociale (INPS), Repubblica italiana

Re:

for

Reference
a preliminary ruling — Interpretation of
Article 39 EC — Recognition of the acquired rights of foreign-
to a
language assistants — Assistants employed pursuant
cultural
States
agreement with other Member
(‘exchange assistants’) — Applicability of the principles flowing
from Cases C-21/99 and C-119/04

exchange

Operative part of the judgment

Operative part of the judgment

(9),

1. By transposing in part or incorrectly Article 2(2), (3), (4), (5), (6),
(7),
(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) and Article 14 of Council Directive
96/61/EC of 24 September 1996 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
directive.

2. The Kingdom of Belgium is ordered to pay the costs.

It is contrary to Article 39(2) EC that, when a fixed-term contract of
employment as an exchange assistant is replaced by a contract of
employment for an indefinite period as a linguistic associate, a person
in the position of the applicant in the main proceedings should be
refused recognition of the rights acquired since the date of her first
recruitment, with consequences with regard to remuneration,
the
account to be taken of seniority and the payment, by the employer, of
contributions to a social security scheme,
inasmuch as a national
worker placed in a comparable situation would have been entitled to
such recognition. It is for the national court to ascertain whether that
is so in the case in the main proceedings.

(1) OJ C 211 of 8.9.2007.

(1) OJ C 211, 8.9.2007.