CELEX: 62010CJ0607
Language: en
Date: 2012-03-29 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 29 March 2012. # European Commission v Kingdom of Sweden. # Failure of a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Conditions for the authorisation of existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of the directive. # Case C-607/10.

Judgment of the Court (Sixth Chamber) of 29 March 2012 —Commission v Sweden(Case C-607/10)
      Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
      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. 23)
      Re:
      
         
               Failure of a Member State to fulfil 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) — Conditions
                  for the authorisation of existing installations — Obligation to ensure that those installations are operated in accordance
                  with the requirements laid down in the directive.
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  	The Court:
               
            
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means
                     of permits issued 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 (Codified version) or, as appropriate, by reconsidering
                     and, where necessary, by updating the conditions, that all existing installations operate in accordance with the requirements
                     of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, the Kingdom of Sweden has failed
                     to fulfil its obligations under Article 5(1) of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Sweden to pay the costs.