CELEX: 62010CJ0048
Language: en
Date: 2010-11-18
Title: Judgment of the Court (Sixth Chamber) of 18 November 2010. # European Commission v Kingdom of Spain. # Failure of a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Conditions for the authorisation of existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of the directive. # Case C-48/10.

Judgment of the Court (Sixth Chamber) of 18 November 2010 – Commission v Spain
      (Case C‑48/10)
      Failure of a Member State to fulfil its obligations – Environment – Directive 2008/1/EC – Integrated pollution prevention and control – Conditions for the authorisation of existing installations – Obligation to ensure the operation of such installations in accordance with the requirements of the directive
      1.                     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) (see paras 30-35)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 258 TFEU) (see para. 31)
      3.                     Actions for failure to fulfil obligations – Commission’s right to bring judicial proceedings – To be exercised at its discretion
            (Art. 258 TFEU) (see para. 32)
      4.                     Member States – Obligations – Failure to fulfil – Justification on basis of a possible failure to fulfil its obligations by
            another Member State – Not permissible (Art. 258 TFEU) (see para. 33)
      Re: 
      
         
               Failure of a Member State to fulfil its 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) – Installations that may have an effect on emissions into the air, water or soil and on pollution – Conditions for the
                  authorisation of existing installations.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to take the necessary measures to ensure that the competent 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 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 the directive not later than 30 October 2007, without prejudice to specific European Union
                     legislation, the Kingdom of Spain has failed to fulfil its obligations under Article 5(1) of that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.