Case C-269/08: Action brought on 20 June 2008 — Commission of the European Communities v Republic of Malta
Date: 2008-06-20
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, aid to refugees, approximation of laws, foreign national, national implementing measure, right of asylum, stateless person

C 197/16

EN

Official Journal of the European Union

2.8.2008

The applicant claims that the Court should:

— declare

failing to correctly
the European Parliament and of

apply Directive
that, by
2001/80/EC (1) of
the
Council of 23 October 2001 on the limitation of emissions
of certain pollutants into the air from large combustion
plants (OJ 2001 L 309, p. 1) (hereinafter ‘the Directive’) in
relation to the operation of the Phase One steam plant of
the Delimara power station and the power station at Marsa,
the Republic of Malta has failed to fulfil its obligations under
Article 4(1) in conjunction with Annex IV A, Annex VI A
and Annex VII A, and under Article 12 in conjunction with
Annex VIII A.2 of that directive;

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The Commission submits that the Phase One steam plant of the
Delimara power station does not respect the emission limit
values fixed by the directive for emissions of sulphur dioxide,
nitrogen oxides and dust.

It is further submitted that, with regard to both the Phase One
the Delimara power station and the power
steam plant of
station at Marsa, Malta has failed to comply with the require-
ment for continuous measurement of concentrations of sulphur
dioxide, nitrogen oxides and dust pursuant to Art. 12 and para-
graph 2 of Part A of Annex VIII of the directive.

(1) OJ 2001 L 309, p. 1.

Action brought on 16 June 2008 — Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland

(Case C-256/08)

(2008/C 197/27)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. O'Reilly and M. Condou-Durande, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland

The applicant claims that the Court should:

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country

nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted or, in any event, by failing to notify
those provisions to it, the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under
the Directive;

— order the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 10 October 2006

(1) OJ L 304, p. 12.

Action brought on 20 June 2008 — Commission of the
European Communities v Republic of Malta

(Case C-269/08)

(2008/C 197/28)

Language of the case: Maltese

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and K. Xuereb, Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted or, in any event, by failing to notify
those provisions to it, the Republic of Malta has failed to
fulfil its obligations under the Directive;

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 10 October 2006

(1) OJ L 304, p. 12.