Judgment of the Court (Seventh Chamber) of 31 March 2011 – Commission v Italy
(Case C-50/10)
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
Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see paras 33-39)
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
The Court:
1. |
| Declares that, by failing to take the necessary measures to ensure that the competent authorities see to it, by means of permits issued in accordance with Articles 6 and 8 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) 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, the Italian Republic has failed to fulfil its obligations under the directive; |
2. |
| Orders the Italian Republic to pay the costs. |