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26.1.2008 |
EN |
Official Journal of the European Union |
C 22/17 |
Judgment of the Court (Sixth Chamber) of 29 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-263/07) (1)
(Failure of a Member State to fulfil obligations - Incorrect transposition - Directive 96/61/EC - Article 9(4) - Article 13(1) - Annex I - Integrated pollution prevention and control - Concepts of ‘application of the best available techniques’ and ‘periodic reconsideration of the conditions for an operating permit’)
(2008/C 22/33)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and J.-B. Laignelot, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
Re:
Failure of a Member State to fulfil obligations — Incorrect transposition of Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ 1996 L 257, p. 26) and of Annex I thereto — Concepts of application of the ‘best available techniques’ and ‘periodic reconsideration’ of the conditions for an operating permit
Operative part of the judgment
The Court:
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1. |
Declares that, by failing correctly to transpose Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and of Annex I thereto, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
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2. |
Orders the Grand Duchy of Luxembourg to pay the costs. |