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Case C-243/13: Judgment of the Court (Fifth Chamber) of 4 December 2014 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Existing installation — Authorisation procedure — Procedures under way — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Lump sum — Penalty payment)
ECLI:EU:UNKNOWN:62013CA0243
62013CA0243
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9.2.2015
Official Journal of the European Union
C 46/7
(Case C-243/13) (<span class="super">1</span>)
((Failure of a Member State to fulfil obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Existing installation - Authorisation procedure - Procedures under way - Judgment of the Court establishing a failure to fulfil obligations - Non-implementation - Article 260(2) TFEU - Pecuniary penalties - Lump sum - Penalty payment))
(2015/C 046/08)
Language of the case: Swedish
Parties
Applicant: European Commission (represented by: S. Petrova and J. Enegren, acting as Agents)
Defendant: Kingdom of Sweden (represented by: E. Karlsson, A. Falk and S. Johannesson, acting as Agents)
Operative part of the judgment
The Court (Fifth Chamber) hereby:
1.Declares that, by failing to take the measures necessary to comply with the judgment of the Court of Justice in Commission v Sweden (C-607/10, EU:C:2012:192), Sweden has failed to fulfil its obligations under Article 260(1) TFEU;
2.Declares that, if the failure to fulfil obligations found in point 1 has continued until the date of delivery of this judgment, the Kingdom of Sweden shall be ordered to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of EUR 4 000 for each day of delay in taking the measures necessary to comply with the judgment of 23 November 2006 in Commission v Sweden (C-607/10, EU:C:2012:192), from the date of delivery of this judgment until the date on which the first judgment has been complied with;
3.Orders the Kingdom of Sweden to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 200 000;
4.Orders the Kingdom of Sweden to pay the costs.
(<span class="super">1</span>) OJ C 189, 29.6.2013.