CELEX: 62008CA0346
Language: en
Date: 2010-04-22 00:00:00
Title: Case C-346/08: Judgment of the Court (Third Chamber) of 22 April 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2001/80/EC — Pollution and nuisance — Combustion plants — Limitation of emissions of certain pollutants into the air — Directive not applied to the Lynemouth power plant (United Kingdom))

19.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/7
            
         
      Judgment of the Court (Third Chamber) of 22 April 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
      (Case C-346/08) (1)
      
      (Failure of a Member State to fulfil obligations - Directive 2001/80/EC - Pollution and nuisance - Combustion plants - Limitation of emissions of certain pollutants into the air - Directive not applied to the Lynemouth power plant (United Kingdom))
      (2010/C 161/09)
      Language of the case: English
      
         Parties
      
      
         Applicant: European Commission (represented by: P. Oliver and A. Alcover San Pedro, acting as Agents)
      
         Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth, acting as Agent, and D. Wyatt QC)
      
         Re:
      
      Failure of a Member State to fulfil obligations — Infringement, so far as concerns the power plant in Lynemouth, Northumberland, of Directive 2001/80/EC of the European Parliament and 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) — Failure to have achieved significant reductions in emissions from that plant within the period prescribed in Article 4(3) of the directive
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by failing to apply Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants to the power plant operated by Rio Tinto Alcan Smelting and Power (UK) Ltd in Lynemouth, in north-east England, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;
               
            
                  2.
               
               
                  Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
               
            
         (1)  OJ C 260, 11.10.2008.