CELEX: 62007CA0263
Language: en
Date: 2007-11-29 00:00:00
Title: Case C-263/07: Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 96/61/EC — Article 9(4) — Article 13(1) — Annex I — Integrated pollution prevention and control — Concepts of application of the best available techniques and periodic reconsideration of the conditions for an operating permit )

26.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/17
            
         Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-263/07) (1)
   
   (Failure of a Member State to fulfil obligations - Incorrect transposition - Directive 96/61/EC - Article 9(4) - Article 13(1) - Annex I - Integrated pollution prevention and control - Concepts of ‘application of the best available techniques’ and ‘periodic reconsideration of the conditions for an operating permit’)
   (2008/C 22/33)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and J.-B. Laignelot, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Incorrect transposition of Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ 1996 L 257, p. 26) and of Annex I thereto — Concepts of application of the ‘best available techniques’ and ‘periodic reconsideration’ of the conditions for an operating permit
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing correctly to transpose Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and of Annex I thereto, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 211 of 8.9.2007.