29.1.2011

Official Journal of the European Union

C 30/9

(Case C-534/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2008/1/EC - Pollution prevention and control - Requirements for the granting of permits for existing installations)

2011/C 30/14

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia and A. Alcover San Pedro, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of 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 (OJ 2008 L 24, p. 8) — Requirements for the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of the directive

Operative part of the judgment

The Court:

1.Declares that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits 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 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, not later than 30 October 2007, without prejudice to specific Community legislation, the Hellenic Republic has failed to fulfil its obligations under Article 5(1) of that directive;

2.Orders the Hellenic Republic to pay the costs.

(<span class="super">1</span>) OJ C 37, 13.2.2010.