Judgment of the Court (Grand Chamber) of 25 June 2024 (request for a preliminary ruling from the Tribunale di Milano – Italy) – C.Z. and Others v Ilva SpA in Amministrazione Straordinaria, Acciaierie d’Italia Holding SpA, Acciaierie d’Italia SpA

(Case C-626/22, (1) Ilva and Others)

(Reference for a preliminary ruling - Environment - Article 191 TFEU - Industrial emissions - Directive 2010/75/EU - Integrated pollution prevention and control - Articles 1, 3, 8, 11, 12, 14, 18, 21 and 23 - Articles 35 and 37 of the Charter of Fundamental Rights of the European Union - Procedures for the grant and reconsideration of a permit to operate an installation - Measures for the protection of the environment and human health - Right to a clean, healthy and sustainable environment)

(C/2024/4830)

Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings

Applicants: C. Z. and Others

Defendants: Ilva SpA in Amministrazione Straordinaria, Acciaierie d’Italia Holding SpA, Acciaierie d’Italia SpA

Intervening parties: Regione Puglia, Gruppo di Intervento Giuridico – ODV

Operative part of the judgment

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), read in the light of Article 191 TFEU and Articles 35 and 37 of the Charter of Fundamental Rights of the European Union,

must be interpreted as meaning that the Member States are required to provide that the prior assessment of the effects of the activity of the installation concerned on the environment and on human health must be an integral part of the procedures for granting or reconsidering a permit to operate such an installation under that directive.

Directive 2010/75

must be interpreted as meaning that, for the purposes of granting or reconsidering a permit to operate an installation under that directive, the competent authority must take into account, in addition to the polluting substances that are foreseeable having regard to the nature and type of industrial activity concerned, all those polluting substances which are the subject of emissions scientifically recognised as harmful which are liable to be emitted from the installation concerned, including those generated by that activity which were not assessed during the initial authorisation procedure for that installation.

Directive 2010/75

must be interpreted as precluding national legislation under which the period granted to the operator of an installation to comply with the measures for the protection of the environment and human health provided for in the permit to operate that installation has been repeatedly extended, whereas serious and significant risks to the integrity of the environment and human health have been identified. Where the activity of the installation concerned presents such risks, the second subparagraph of Article 8(2) of that directive requires, in any event, that the operation of that installation be suspended.

(1) OJ C 15, 16.1.2023.