Judgment of the Court (Sixth Chamber) of 18 November 2010.#European Commission v Kingdom of Spain.#Failure of a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Conditions for the authorisation of existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of the directive.#Case C-48/10.

Subject of the case

Re:

Failure of a Member State to fulfil its 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 that may have an effect on emissions into the air, water or soil and on pollution – Conditions for the authorisation of existing installations.

Operative part

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 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 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) of the directive not later than 30 October 2007, without prejudice to specific European Union legislation, the Kingdom of Spain has failed to fulfil its obligations under Article 5(1) of that directive;

2. Orders the Kingdom of Spain to pay the costs.