29.6.2013

Official Journal of the European Union

C 189/12

(Case C-243/13)

2013/C 189/23

Language of the case: Swedish

Parties

Applicant: European Commission (represented by: J. Enegren and S. Petrova, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought

—Declare that, by failing to adopt the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10, Sweden has failed to fulfil its obligations under Article 260(1) TFEU;

—Order Sweden to pay to the Commission, into the ‘European Union own resources’ account, a fine of EUR 14 912 per day for each day that the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10 have not been adopted, with effect from the date on which the judgment in that case was delivered until the date on which the judgment in Case C-607/10 is complied with;

—Order Sweden to pay to the Commission, into the same account, a lump sum of EUR 4 893 per day for each day that the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10 have not been adopted, with effect from the date on which the judgment in that case was delivered until the date on which judgment is given in the present case or the date on which the measures necessary to comply with the judgment in Case C-607/10 are adopted, if that is earlier;

—order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

In its judgment of 29 March 2012 in Case C-607/10 European Commission v Kingdom of Sweden, the Court held that ‘1. … by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits issued 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 (Codified version) or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that all existing installations operate in accordance with the requirements of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of that directive.’

The Kingdom of Sweden has not yet adopted any measures to comply with the judgment of the Court of Justice in Case C-607/10. The Commission has therefore brought this action in accordance with Article 260(1) of the Treaty on the Functioning of the European Union and seeks an order imposing economic sanctions on the Kingdom of Sweden.