CELEX: 62011CN0352
Language: en
Date: 2011-07-05 00:00:00
Title: Case C-352/11: Action brought on 5 July 2011 — European Commission v Republic of Austria

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/26
            
         Action brought on 5 July 2011 — European Commission v Republic of Austria
   (Case C-352/11)
   2011/C 252/48
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: G. Wilms and A. Alcover San Pedro, Agents)
   
      Defendant: Republic of Austria
   
      Form of order sought
   
   
               —
            
            
               Declare that, by failing to grant permits in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (IPPC Directive), to reconsider or if necessary renew and check compliance with existing permits, in order to ensure that all existing installations are operated in accordance with the requirements of Articles 3, 7, 9, 10 and 13, 14(a) and (b) and Article 15(2) of the IPPC Directive, the Republic of Austria has failed to fulfil its obligations under Article 5(1) of the IPPC directive;
            
         
               —
            
            
               Order the Republic of Austria to pay the costs.
            
         
      Pleas in law and main arguments
   
   Pursuant to the provisions of the IPPC Directive, (1) since 30 October 2007‘existing installations’ within the meaning of that directive require a permit.
   According to the information currently available to the Commission, at the relevant time not all of those ‘existing installations’ situated in the Republic of Austria are in possession of the necessary permit.
   
      (1)  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)