21.5.2011

Official Journal of the European Union

C 152/8

(Case C-50/10) (<span class="super">1</span>)

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

2011/C 152/14

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: M. Russo, 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) — Installations which could have an effect on emissions into the air, water or soil and on pollution — Authorisation conditions for existing installations

Operative part of the judgment

The Court:

1.Declares 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 (codified version), 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 that directive operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive;

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 100, 17.4.2010.