17.4.2010

EN

Official Journal of the European Union

C 100/23

(Case C-44/10)

2010/C 100/33

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic

Form of order sought

—Declare that, by failing to take the measures necessary to ensure, by granting permits in accordance with Articles 6 and 8 of Directive 2008/1/EC (1) and reconsidering and, where necessary, updating permits for existing installations, that those existing installations operated from 30 October 2007 in accordance with Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (IPPC Directive), the Portuguese Republic has failed to fulfil its obligations under Article 5(1) of that directive.

—Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

It follows from Article 4 of the IPPC Directive, read in conjunction with Article 5(1) thereof, that the Member States had to ensure that permits for new and existing installations were granted in accordance with the requirements of Articles 6 and 8 of the Directive. They also had to reconsider and, where necessary, update the conditions of permits for existing installations by 31 October 2007.

According to information supplied by the Portuguese authorities in 2008, the relevant authorisation was not applied for in respect of a number of installations. In addition, 280 out of a total of 632 installations operated without the relevant permit being granted.

According to updated information, 481 out of a total of 577 installations have permits, with 17 authorisation procedures pending.

Language of the case: Portuguese

(1) OJ 2008 L 24, p. 8.