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Document 62010CJ0049

Judgment of the Court (Fifth Chamber) of 7 October 2010.
European Commission v Republic of Slovenia.
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 - Failure to transpose within the prescribed period.
Case C-49/10.

European Court Reports 2010 I-00128*

ECLI identifier: ECLI:EU:C:2010:597





Judgment of the Court (Fifth Chamber) of 7 October 2010 – Commission v Slovenia

(Case C‑49/10)

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 – Failure to transpose within the prescribed period

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 para. 23)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see para. 24)

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 adopt, within the prescribed period, all the measures necessary as far as concerns permits for industrial installations, in accordance with 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, the Republic of Slovenia has failed to fulfil its obligations under that directive;

2.

Orders the Republic of Slovenia to pay the costs.

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