Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v French Republic (Judgment of the Court (Third Chamber)) [2009] EUECJ C-443/08 (7 May 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C44308.html
Cite as: EU:C:2009:296, [2009] EUECJ C-443/8, ECLI:EU:C:2009:296, [2009] EUECJ C-443/08

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Judgment of the Court (Third Chamber) of 7 May 2009 – Commission v France

(Case C-443/08)

Failure of a Member State to fulfil obligations – Directive 1999/13/EC – Limitation of emissions of volatile organic compounds – Failure to transpose the concepts of ‘small installation’ and ‘substantial change’

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. 226 EC) (see point 22)

Re:

Failure of a Member State to fulfil obligations – Failure to have adopted all the laws and regulations necessary to transpose correctly Articles 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ 1999 L 85, p. 1) – Concepts of ‘small installation’ and ‘substantial change’.

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary in order correctly to transpose Articles 2(3), 2(4) and 4(4) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations, the French Republic has failed to fulfil its obligations under that directive;

2.

Orders the French Republic to pay the costs.

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