EEL News Service 2008/10, 22 May 2008

Added to Case Law, ECJ
C-271/07 Commission vs. Belgium
ECJ 20-05-2008, not yet reported
On 20 May 2008 the European Court of Justice condemned Belgium for failing to properly transpose the EU’s integrated pollution prevention and control (IPPC) directive (Council Directive 96/61/EC). The judgment provides a list of omitted transposition measures. According to the Court the efforts recently made by the Flanders and Brussels regions are not sufficient; in addition, Wallonia is yet to transpose the Directive in its entirety.
Sector: GeneralC-491/06 Danske Svineproducenter
ECJ 08-05-2008, not yet reported
On 8 May 2008 the European Court of Justice delivered a judgment concerning Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport. The Danish Western regional court (Vestre Landret) requested the Court’s preliminary ruling in the question whether provisions of the Danish national law on animal transportation space are compatible with Community law. The Court declared that as the Directive did not set out precise requirements in this regard, the Danish legislature has a margin of discretion as long as it ensures the attainment of the principle objective of the directive, namely the protection of animals during transportation.
Sector: Nature

C-503/06 Commission vs. Italy
ECJ 15-05-2008, not yet reported
On 15 May 2008 the European Court of Justice condemned Italy for failing to fulfil its obligations under Council Directive 79/409/EEC of 2 April 1979 concerning the conservation of wild birds. According to the Court Italy violated Article 9 of the Directive, when it did not adopt legislation authorising derogations under the system of protection for wild birds.
Sector: Nature

C-233/07 Commission vs. Portugal
ECJ 08-05-2008, not yet reported
On 8 May 2008 The European Court of Justice ruled that Portugal violated Commission Decision 2001/720/CE of wastewater treatment standards. The ECJ declared that Portugal failed to set up “advanced primary treatment” systems in certain areas.
Sector: Water
Added to Sectors, General
* EP Committees decide at first reading on environmental crime directive
On 14 May, the European Parliament’s Legal Affairs and Environment committees voted on the European Commission’s proposal for a directive on the protection of the environment through criminal law (COM(2007)0051). The directive sets out in its annex a number of conducts which are requested to be criminalised in all the Member States, which list was further expanded by the EP committees. The text however, as expected, refrains from harmonising penalties on the EU level. On 21 May 2008, the Permanent Representatives Committee (COREPER) confirmed support for the first reading text. The plenary of the European Parliament is expected to vote on the