CELEX: 62010CJ0049
Language: en
Date: 2010-10-07
Title: Judgment of the Court (Fifth Chamber) of 7 October 2010. # European Commission v Republic of Slovenia. # Failure of a Member State to fulfil obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Requirements for the granting of permits for existing installations - Failure to transpose within the prescribed period. # Case C-49/10.

Judgment of the Court (Fifth Chamber) of 7 October 2010 – Commission v Slovenia
      (Case C‑49/10)
      Failure of a Member State to fulfil obligations – Environment – Directive 2008/1/EC – Integrated pollution prevention and control – Requirements for the granting of permits for existing installations – Failure to transpose within the prescribed period
      1.                     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)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 258 TFEU) (see para. 24)
      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) – Requirements
                  for the granting of permits for existing installations – Obligation to ensure that such installations operate in accordance
                  with the requirements of the directive.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all the measures necessary as far as concerns permits for
                     industrial installations, in accordance with 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, the Republic of Slovenia has failed to fulfil its
                     obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Slovenia to pay the costs.