CELEX: 62009CJ0534
Language: en
Date: 2010-12-02
Title: Judgment of the Court (Eighth Chamber) of 2 December 2010. # European Commission v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2008/1/EC - Pollution prevention and control - Requirements for the granting of permits for existing installations. # Case C-534/09.

Judgment of the Court (Eighth Chamber) of 2 December 2010 – Commission v Greece
      (Case C-534/09)
      Failure of a Member State to fulfil obligations – Directive 2008/1/EC – Pollution prevention and control – Requirements for the granting of permits for existing installations
      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; European Parliament and Council Directive
         2008/1) (see paras 10-13)
      
      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 take the necessary measures to ensure that the competent national authorities see to it, by means
                     of 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 (Codified version) or, as appropriate, by reconsidering
                     and, where necessary, by updating the conditions, that existing installations operate in accordance with the requirements
                     of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, not later than 30 October 2007,
                     without prejudice to specific Community legislation, the Hellenic Republic has failed to fulfil its obligations under Article
                     5(1) of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.