5.7.2008

Official Journal of the European Union

C 171/10

(Case C-271/07)

(Failure of a Member State to fulfil its obligations - Directive 96/61/EC - Integrated pollution prevention and control - Incomplete and incorrect transposition)

(2008/C 171/16)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and J.-B. Laignelot, Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent)

Re:

Failure of a Member State to fulfil its obligations — Partial, incorrect or non-existent transposition of Article 2(2), (3), (4), (5), (6), (7), (9), (10) and (11), Article 3, Article 5, Article 6(1), Article 8, Article 9(3), (4), (5) and (6), Article 10, Article 12(2), Article 13(1) and (2), Article 14, Article 17(2) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and Annex I and Annex IV thereto (OJ 1996 L 257, p. 26) — Lack of correspondence between the material scope of application of the transposition measures and that of the directive — Over-wide power of assessment given to the regional authorities with regard to the operating permits and the situations in which the conditions of the permit must be re-assessed and/or updated

Operative part of the judgment

1.By transposing in part or incorrectly Article 2(2), (3), (4), (5), (6), (7), (9), (10) and (11), Article 3, Article 5, Article 6(1), Article 8, Article 9(3), (4), (5) and (6), Article 10, Article 12(2), Article 13(1) and (2) and Article 14 of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and Annex I and Annex IV thereto, the Kingdom of Belgium has failed to fulfil its obligations under that directive.

2.The Kingdom of Belgium is ordered to pay the costs.

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(1) OJ C 211 of 8.9.2007.