Judgment of the Court (Fifth Chamber) of 7 October 2010 – Commission v Slovenia
(Case C‑49/10)
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 – Failure to transpose within the prescribed period
1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 23)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see para. 24)
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) – Requirements for the granting of permits for existing installations – Obligation to ensure that such installations operate in accordance with the requirements of the directive. |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the prescribed period, all the measures necessary as far as concerns permits for industrial installations, in accordance with 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, the Republic of Slovenia has failed to fulfil its obligations under that directive; |
2. |
| Orders the Republic of Slovenia to pay the costs. |