13.2.2010

Official Journal of the European Union

C 37/30

(Case C-534/09)

2010/C 37/37

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M Patakia and A. Alcover San Pedro)

Defendant: Hellenic Republic

Form of order sought

—declare that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that 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) not later than 30 October 2007, without prejudice to specific Community legislation, the Hellenic Republic has failed to fulfil its obligations under Article 5(1) of Directive 2008/1/EC (1) of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

It follows from Article 5(1), in conjunction with Article 2(4), of Directive 2008/1 (‘the IPPC Directive’) that the Member States are obliged to ensure that their competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that existing installations operate in accordance with the requirements of the directive not later than 30 October 2007.

According to the response of the Greek authorities to the Commission’s reasoned opinion, roughly 47 % of existing installations operating in Greece (148 out of 317) do not have an IPPC permit. Consequently, the Hellenic Republic admits that it continues to allow a large number of IPPC installations to operate without appropriate permits being granted.

It should be noted that the Hellenic Republic has provided no justification or further explanation regarding the increase in the facilities in question, and no further development has been notified since the date upon which the abovementioned response to the reasoned opinion was sent.

* * *

(1) OJ L 24, 29.1.2008, p. 8.