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Document 62009CJ0534

Judgment of the Court (Eighth Chamber) of 2 December 2010.
European Commission v Hellenic Republic.
Failure of a Member State to fulfil obligations - Directive 2008/1/EC - Pollution prevention and control - Requirements for the granting of permits for existing installations.
Case C-534/09.

European Court Reports 2010 I-00160*

ECLI identifier: ECLI:EU:C:2010:735





Judgment of the Court (Eighth Chamber) of 2 December 2010 – Commission v Greece

(Case C-534/09)

Failure of a Member State to fulfil obligations – Directive 2008/1/EC – Pollution prevention and control – Requirements for the granting of permits for existing installations

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; European Parliament and Council Directive 2008/1) (see paras 10-13)

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 take the necessary measures to ensure that the competent national 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 (Codified version) 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 that directive, not later than 30 October 2007, without prejudice to specific Community legislation, the Hellenic Republic has failed to fulfil its obligations under Article 5(1) of that directive;

2.

Orders the Hellenic Republic to pay the costs.

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