CELEX: 62010CN0033
Language: en
Date: 2010-01-20 00:00:00
Title: Case C-33/10: Action brought on 20 January 2010 — European Commission v Kingdom of Denmark

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/16
            
         Action brought on 20 January 2010 — European Commission v Kingdom of Denmark
   (Case C-33/10)
   2010/C 113/24
   Language of the case: Danish
   
      Parties
   
   
      Applicant: European Commission (represented by: A. Alcover San Pedro, H. Støvlbæk, acting as Agents)
   
      Defendant: Kingdom of Denmark
   
      Form of order sought
   
   
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               Declare that, by not adopting all the measures necessary to ensure that by, 30 October 2007, all permits were reconsidered and, where necessary, updated, the Kingdom of Denmark has failed to comply with its obligations under Article 5(1) of Directive 2008/1/EC (1) of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control;
            
         
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               order Kingdom of Denmark to pay the costs.
            
         
      Pleas in law and main arguments
   
   Article 5(1) of the Directive requires all Member States to enact measures with a view to implementing a permit and/or review procedure for existing installations by 30 October 2007. That time-limit applies without exception and the Directive does not allow the Member States to rely on exceptional circumstances as grounds for not complying with the obligation.
   It is not sufficient that measures have been adopted in Denmark with a view to ensuring closure of all cases relating to compliance with Article 5(1) of the Directive by the end of 2009. Nor can delays resulting from the municipal reform of 1 January 2007 be accorded any weight in the assessment of whether Denmark has complied with its obligations under Article 5(1). The time-limit laid down for legalising installations expired on 30 October 2007 and was notified to Member States as early as 22 September 2005. Denmark has thus had a number of years in which to adopt the necessary measures to comply with the Directive.
   Denmark has not contested its failure to implement requirements for the granting of permits for existing installations. It is thus uncontested that a significant number of the eight Danish installations are operated without permits under the Directive, contrary to Article 5(1) of the Directive.
   
      (1)  OJ 2008 L 24, p. 8.