Judgment of the Court (Seventh Chamber) of 31 March 2011.
European Commission v Italian Republic.
Failure of a Member State to fulfil obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Requirements for the granting of permits for existing installations.
European Court Reports 2011 Page I-00045*
Legal proceedings /
Actions for failure to fulfil obligations /
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Implementation of directives
Failure to fulfil obligations
National system pleaded as justification
Not permissible (Art. 258 TFEU) (see paras 33-39
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) – Installations which could have an effect on emissions into the air, water or soil and on pollution – Authorisation conditions for existing installations.
1. Declares that, by failing to take the necessary measures to ensure that the competent authorities see to it, by means of permits issued 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 all existing installations within the meaning of Article 2(4) of that directive operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive, the Italian Republic has failed to fulfil its obligations under the directive;
2. Orders the Italian Republic to pay the costs.