Judgment of the Court (Sixth Chamber) of 20 May 2008.#Commission of the European Communities v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Directive 96/61/EC - Integrated pollution prevention and control - Incomplete and incorrect transposition.#Case C-271/07.

Subject of the case

Re:

Failure of a Member State to fulfil 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 those measures and that of the directive – Excessively wide power of assessment given to the regional authorities with regard to operating permits and the situations in which the conditions laid down under the permit must be re-assessed and/or updated.

Operative part

Operative part

The Court:

1. Declares that 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. Orders the Kingdom of Belgium to pay the costs.