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Case C-352/11: Judgment of the Court (Eighth Chamber) of 24 May 2012 — European Commission v Republic of Austria (Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive)
ECLI:EU:UNKNOWN:62011CA0352
62011CA0352
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7.7.2012
Official Journal of the European Union
C 200/4
(Case C-352/11) (<span class="super">1</span>)
(Failure by a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Requirements for the granting of permits for existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of that directive)
2012/C 200/07
Language of the case: German
Parties
Applicant: European Commission (represented by: G. Wilms and A. Alcover San Pedro, acting as Agents)
Defendant: Republic of Austria (represented by: C. Pesendorfer and A. Posch, acting as Agents)
Re:
Failure by a Member State to fulfil its 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 those installations are operated in accordance with the requirements provided for under that directive
Operative part of the judgment
The Court:
1.Declares that, by having failed to grant 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, to reconsider and, if necessary, renew existing permits, and to ensure that all existing installations are operated in accordance with the requirements of Articles 3, 7, 9, 10 and 13, 14(a) and (b) and Article 15(2) of that directive, the Republic of Austria has failed to fulfil its obligations under Article 5(1) of that directive.
2.Orders the Republic of Austria to pay the costs.
(<span class="super">1</span>) OJ C 252, 27.8.2011.