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Case C-263/07: Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 96/61/EC — Article 9(4) — Article 13(1) — Annex I — Integrated pollution prevention and control — Concepts of application of the best available techniques and periodic reconsideration of the conditions for an operating permit )

ECLI:EU:UNKNOWN:62007CA0263

62007CA0263

January 1, 2007
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Official Journal of the European Union

C 22/17

(Case C-263/07)

(Failure of a Member State to fulfil obligations - Incorrect transposition - Directive 96/61/EC - Article 9(4) - Article 13(1) - Annex I - Integrated pollution prevention and control - Concepts of ‘application of the best available techniques’ and ‘periodic reconsideration of the conditions for an operating permit’)

(2008/C 22/33)

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: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Incorrect transposition of Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ 1996 L 257, p. 26) and of Annex I thereto — Concepts of application of the ‘best available techniques’ and ‘periodic reconsideration’ of the conditions for an operating permit

Operative part of the judgment

The Court:

1.Declares that, by failing correctly to transpose Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and of Annex I thereto, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.Orders the Grand Duchy of Luxembourg to pay the costs.

(<span class="super">1</span>) OJ C 211 of 8.9.2007.

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