19.6.2010

Official Journal of the European Union

C 161/3

(Case C-246/07) (<span class="super note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Breach of Articles 10 EC and 300(1) EC - Stockholm Convention on Persistent Organic Pollutants - Unilateral proposal by a Member State to list a substance in Annexe A to that convention)

(2010/C 161/03)

Language of the case: Swedish

Parties

Applicant: European Commission (represented by: G. Valero Jordana and C. Tufvesson, acting as Agents)

Defendant: Kingdom of Sweden (represented by: A. Kruse and A. Falk, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by C. Pilgaard Zinglersen and R. Holdgaard, acting as Agents), Kingdom of the Netherlands (represented by C.M. Wissels and D.J.M. de Grave, acting as Agents), Republic of Finland (represented by J. Heliskoski, acting as Agent), United Kingdom of Great Britain and Northern Ireland (represented by V. Jackson, acting as Agent, and by D. Anderson QC)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 10 EC and 300(1) EC — Unilateral proposal to list a substance, perfluoroctane sulfonate, in Annex A to the Stockholm Convention on Persistent Organic Pollutants

Operative part of the judgment

The Court:

1.Declares that, by unilaterally proposing that a substance, perfluoroctane sulfonate, be listed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, the Kingdom of Sweden failed to fulfil its obligations under Article 10 EC;

2.Dismisses the action as to the remainder;

3.Orders the Kingdom of Sweden to pay the European Commission’s costs;

4.Orders the Kingdom of Denmark, the Kingdom of the Netherlands, the Republic of Finland and the United Kingdom of Great Britain and Ireland to bear their own costs.

(<span class="note">1</span>) OJ C 183, 4.8.2007.