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Case C-607/10: Judgment of the Court (Sixth Chamber) of 29 March 2012 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive)

ECLI:EU:UNKNOWN:62010CA0607

62010CA0607

March 29, 2012
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26.5.2012

Official Journal of the European Union

C 151/8

(Case C-607/10) (<span class="super">1</span>)

(Failure of a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Conditions for the authorisation of existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of the directive)

2012/C 151/14

Language of the case: Swedish

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro and K. Simonsson, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, 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) — Conditions for the authorisation of existing installations — Obligation to ensure that those installations are operated in accordance with the requirements laid down in 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 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;

2.Orders the Kingdom of Sweden to pay the costs.

(<span class="super">1</span>) OJ C 89, 19.3.2011.

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