EN

Official Journal of the European Union

C 197/15

(Case C-252/08)

(2008/C 197/26)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: L. Flynn and A. Alcover San Pedro, Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:

—declare that, by failing to correctly apply Directive 2001/80/EC (1) of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ 2001 L 309, p. 1) (hereinafter ‘the Directive’) in relation to the operation of the Phase One steam plant of the Delimara power station and the power station at Marsa, the Republic of Malta has failed to fulfil its obligations under Article 4(1) in conjunction with Annex IV A, Annex VI A and Annex VII A, and under Article 12 in conjunction with Annex VIII A.2 of that directive;

—order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The Commission submits that the Phase One steam plant of the Delimara power station does not respect the emission limit values fixed by the directive for emissions of sulphur dioxide, nitrogen oxides and dust.

It is further submitted that, with regard to both the Phase One steam plant of the Delimara power station and the power station at Marsa, Malta has failed to comply with the requirement for continuous measurement of concentrations of sulphur dioxide, nitrogen oxides and dust pursuant to Art. 12 and paragraph 2 of Part A of Annex VIII of the directive.

(1) OJ 2001 L 309, p. 1.