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Case C-443/08: Judgment of the Court (Third Chamber) of 7 May 2009 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/13/EC — Limitation of emissions of volatile organic compounds — Failure to transpose the concepts of small installation and substantial change )
ECLI:EU:UNKNOWN:62008CA0443
62008CA0443
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Official Journal of the European Union
C 153/17
(Case C-443/08)
(Failure of a Member State to fulfil obligations - Directive 1999/13/EC - Limitation of emissions of volatile organic compounds - Failure to transpose the concepts of ‘small installation’ and ‘substantial change’)
2009/C 153/33
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and J.-B. Laignelot, acting as Agents)
Defendant: French Republic (represented by: G. de Bergues and A. Adam, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt all the all the laws and regulations necessary to correctly transpose Article 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ 1999 L 85, p. 1) — Concept of ‘small installation’ and ‘substantial change’
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary in order to correctly transpose Articles 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations, the French Republic has failed to fulfil its obligations under that directive.
2.Orders the French Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 6, of 10.1.2009.