The European Court of Justice has upheld a complaint by the European Commission that Luxembourg has failed to correctly transpose the IPPC Directive.
The Court held that Luxembourg incorrectly transposed Article 9(4) by supplementing the correct definition of ‘best available techniques’ with a comment relating to ‘excessive costs’ of those techniques which do not appear in the Directive.
The Court also held that, in its transposition, Luxembourg reduced the scope of the obligation to reconsider or update permit conditions laid down in Article 13(1). In addition the court also ruled that Luxembourg failed to correctly transpose Annex I to the Directive.
Judgement: C-263/07 may be accessed via the website of the ECJ at the following link:-