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Case C-158/12: Action brought on 30 March 2012 — European Commission v Ireland
ECLI:EU:UNKNOWN:62012CN0158
62012CN0158
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16.6.2012
EN
Official Journal of the European Union
C 174/18
(Case C-158/12)
2012/C 174/28
Language of the case: English
Parties
Applicant: European Commission (represented by: S. Petrova, K. Mifsud-Bonnici, Agents)
Defendant: Ireland
The applicant claims that the Court should:
—declare that, by not issuing permits in accordance with Articles 6 and 8 or Directive 2008/1/EC (1) or, as appropriate, by not reconsidering and, where necessary, by not updating permit conditions, in respect of 13 existing pig rearing installations and poultry rearing installations in Ireland, and thereby by failing to ensure that those existing installations operate in accordance with Articles, 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of the IPPC Directive by not later than 30 October 2007, Ireland has failed to fulfil its obligation pursuant to Article 5(1) of the IPCC Directive.
—order Ireland to pay the costs.
Pleas in law and main arguments
Pursuant to Article 5(1) of the IPPC Directive, Member States were obliged to ensure that their competent authorities either issue permits in accordance with Articles 6 and 8 or, as appropriate, reconsider and, where necessary, update the existing permit conditions by not later than 30 October 2007.
From the information available the Commission concludes that existing pig rearing installations and poultry rearing installation in Ireland are still operation without any IPPC permit and the Commission therefore concludes that Ireland is in breach of its obligations under Article 5(1) of the Directive.
(1) Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control
OJ L 24, p. 8.