Judgment of the Court (Seventh Chamber) of 11 April 2013 — Commission v Ireland

(Case C-158/12)

‛Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Article 5 — Integrated pollution prevention and control — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of that directive’

1. 

Member States — Obligations — Implementation of directives — Partial enforcement — Failure to fulfil obligations (Art. 258 TFEU; European Parliament and Council Directive 2008/1) (see paras 22, 24-26)

2. 

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)

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) — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations are operated in accordance with the requirements of the directive.

Operative part

The Court:

1. 

Declares that, by not issuing 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 not reconsidering and, where necessary, by not updating permit conditions, in respect of 13 existing pig-rearing and poultry-rearing installations, and by thereby failing to ensure that all existing installations operate in accordance with Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive by not later than 30 October 2007, Ireland has failed to fulfil its obligations under Article 5(1) of that directive;

2. 

Orders Ireland to pay the costs.

Judgment of the Court (Seventh Chamber) of 11 April 2013 — Commission v Ireland

(Case C-158/12)

‛Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Article 5 — Integrated pollution prevention and control — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of that directive’

1. 

Member States — Obligations — Implementation of directives — Partial enforcement — Failure to fulfil obligations (Art. 258 TFEU; European Parliament and Council Directive 2008/1) (see paras 22, 24-26)

2. 

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)

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) — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations are operated in accordance with the requirements of the directive.

Operative part

The Court:

1. 

Declares that, by not issuing 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 not reconsidering and, where necessary, by not updating permit conditions, in respect of 13 existing pig-rearing and poultry-rearing installations, and by thereby failing to ensure that all existing installations operate in accordance with Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive by not later than 30 October 2007, Ireland has failed to fulfil its obligations under Article 5(1) of that directive;

2. 

Orders Ireland to pay the costs.