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Case C-50/10: Action brought on 29 January 2010 — European Commission v Italian Republic
ECLI:EU:UNKNOWN:62010CN0050
62010CN0050
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17.4.2010
EN
Official Journal of the European Union
C 100/24
(Case C-50/10)
2010/C 100/36
Language of the case: Italian
Parties
Applicant: European Commission (represented by: A. Alcover San Pedro and C. Zadra, Agents)
Defendant: Italian Republic
Form of order sought
—Declare that the Italian Republic has failed to fulfil its obligations under 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, (1) by failing to take the necessary measures ‘to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 of that directive or, as appropriate, by reconsidering and, where necessary, by updating the conditions’, that all existing installations within the meaning of Article 2(4) of Directive 2008/1/EC operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive;
—Order the Italian Republic to pay the costs.
Pleas in law and main arguments
Article 5(1) of Directive 2008/1/EC lays down that Member States are to take the necessary measures ‘to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions’, that not later than 30 October 2007 existing installations, as referred to in Article 2(4) of Directive 2008/1/EC, operate in accordance with the requirements set out in that directive.
However, in January 2010 — and, more specifically, at the time when the present action was brought — the Italian Government had still not fully complied with the obligations under Article 5(1) of Directive 2008/1/EC.
(1) OJ 2008 L 24, p. 8.