Ilva and Others (Environment - Industrial emissions - Procedures for issuing and reviewing an operating permit for an installation - Judgment) French Text [2024] EUECJ C-626/22 (25 June 2024)

Ilva and Others (Environment - Industrial emissions - Procedures for issuing and reviewing an operating permit for an installation - Judgment) French Text [2024] EUECJ C-626/22 (25 June 2024)

Directive 2010/75/EU, read in light of Articles 35 and 37 of the Charter and Article 191 TFEU, requires that the assessment of health and environmental impacts be an integral and timely part of the procedure for granting and reviewing operating permits for industrial installations. All pollutants scientifically...

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Citation
[2024] EUECJ C-626/22
Parties
Applicant: C. Z. et autres; Respondent: Ilva SpA in Amministrazione Straordinaria; Respondent: Acciaierie d’Italia Holding SpA; Respondent: Acciaierie d’Italia SpA; Intervener: Regione Puglia; Intervener: Gruppo di Intervento Giuridico - ODV; Intervener: Gouvernement italien; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Tribunale Di Milano
Outcome
Questions answered; national law must ensure timely, effective integration of health and environmental assessments in permitting and review, inclusion of all relevant pollutants, and prohibit unjustified delays in compliance.
Legal Topics
Industrial Emissions, Environmental Permits, Health Protection, Directive 2010/75/eu, Right to a Clean Environment, Procedures for Issuing and Reviewing Operating Permits, Precautionary Principle
Environmental Law EU Law Administrative Law Human Rights Industrial Emissions Environmental Permits Health Protection Directive 2010/75/eu +3 more

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Parties

C. Z. et autres

Applicant

Ilva SpA in Amministrazione Straordinaria

Respondent

Acciaierie d’Italia Holding SpA

Respondent

Acciaierie d’Italia SpA

Respondent

Regione Puglia

Intervener

Gruppo di Intervento Giuridico - ODV

Intervener

Gouvernement italien

Intervener

Commission européenne

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Tribunale Di Milano

  1. 1 Whether Directive 2010/75/EU requires prior assessment of health and environmental impacts as part of the permitting process for industrial installations.
  2. 2 Whether all scientifically recognized harmful substances must be considered in the integrated environmental permit.
  3. 3 Whether national law can allow significant delays in compliance with environmental and health protection measures for installations posing serious risks.

Ratio Decidendi

Directive 2010/75/EU, read in light of Articles 35 and 37 of the Charter and Article 191 TFEU, requires that the assessment of health and environmental impacts be an integral and timely part of the procedure for granting and reviewing operating permits for industrial installations. All pollutants scientifically recognized as harmful must be considered in the permit, and national law cannot allow significant delays in implementing measures to bring installations with serious risks to health and the environment into compliance. Such delays are incompatible with the directive's objectives of high-level protection for health and the environment.

Court Disposition

Questions answered; national law must ensure timely, effective integration of health and environmental assessments in permitting and review, inclusion of all relevant pollutants, and prohibit unjustified delays in compliance.

Orders

  • Member States must ensure that health and environmental impact assessments are integral to the permitting and review process for industrial installations under Directive 2010/75/EU.
  • Permits must include all scientifically recognized harmful substances relevant to the installation.