CELEX: 62007CJ0263
Language: en
Date: 2007-11-29
Title: Judgment of the Court (Sixth Chamber) of 29 November 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # 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’. # Case C-263/07.

Judgment of the Court (Sixth Chamber) of 29 November 2007 – Commission v Luxembourg
      (Case C‑263/07)
      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’
      
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 14)
      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 
      
         
                   
               
               
                  
               
               
                  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.
                  
               
            
         
                   
               
               
                  
               
               
                  The Grand Duchy of Luxembourg is ordered to pay the costs.