11.10.2008

EN

Official Journal of the European Union

C 260/9

(Case C-346/08)

(2008/C 260/16)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: P. Oliver and A. Alcover San Pedro, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

—declare that, by refusing to apply Directive 2001/80/EC (1) on the limitation of emissions of certain pollutants into the air from large combustion plants to the Lynemouth Power Plant, the United Kingdom has failed to fulfil its obligations under that Directive;

—order United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

The Commission submits that the coal-fired power plant at Lynemouth in Northumberland constitutes a combustion plant within the meaning of the directive. Initially, the United Kingdom shared this view but, following a radical change of position, now vigorously contests it.

If the Lynemouth power plant is covered by the directive, as the Commission claims, then it is plainly an ‘existing plant’ within the meaning of Article 2(10) of the directive. It is common ground between the parties that the original operating licence was granted before 1 July 1987. It follows that, in the Commission's view, emissions from the plant should have been significantly reduced by 1 January 2008 in accordance with Article 4(3).

The Commission submits that, by failing to apply the directive to the Lynemouth power plant, the United Kingdom has acted in breach of that directive. The failure to significantly reduce emissions from the plant by 1 January 2008 constitutes a continuing breach of Community law.

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(1) JO L 309, p. 1.