Source: All England Reporter
Publisher Citation: [2002] All ER (D) 84 (Mar)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Colneric (President), Schintgen (Rapporteur) and Skouris

Judgment Dates: 7 March 2002

Catchwords

European Community - Failure of a member state to fulfil obligations - Failure to implement directive within prescribed period - United Kingdom - Pollution prevention and control - Whether United Kingdom fulfilling obligations - Council Directive (EC) 96/61 - EC Treaty, arts 5 and 169 (now arts 10 EC and 226 EC).

The Case

On an application by the Commission of the European Communities under art169 of the EC Treaty (now art226 EC), the Court of Justice of the European Communities declared that the United Kingdom had failed to fulfil its obligations under art5 of the EC Treaty (now art10 EC) by failing to transpose Council Directive (EC) 96-61 (concerning integrated pollution prevention and control) into domestic law.

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