CELEX: 62009CN0258
Language: en
Date: 2009-07-10 00:00:00
Title: Case C-258/09: Action brought on 10 July 2009 — Commission of the European Communities v Kingdom of Belgium

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/23
            
         Action brought on 10 July 2009 — Commission of the European Communities v Kingdom of Belgium
   (Case C-258/09)
   2009/C 220/47
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and A. Marghelis, acting as Agents)
   
      Defendant: Kingdom of Belgium
   
      Form of order sought
   
   
               —
            
            
               Declare that, by authorising, in the Walloon Region, the functioning of existing installations which do not comply with the requirements provided for in Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2), and that despite the expiry of the 30 October 2007 time-limit, as is provided for in 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 (1), the Kingdom of Belgium has failed to fulfil its obligations under that directive;
            
         
               —
            
            
               order the Kingdom of Belgium to pay the costs.
            
         
      Pleas in law and main arguments
   
   The period for ensuring compliance of existing installations, the operation of which is liable to have an effect on emissions into the air, water and soil and on pollution, expired on 30 October 2007, in accordance with Article 5(1) of Directive 2008/1/EC. However, on the date the present action was brought, the defendant had still not taken all the measures necessary to comply with that requirement in the Walloon Region or, in any event, it had failed to inform the Commission thereof.
   
      (1)  OJ 2007 L 24, p. 8.