Action brought on 22 May 2007 - Commission of the European Communities v Kingdom of Sweden

(Case C-246/07)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: G. Valero Jordana and C. Tufvesson, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought

Declare that, by proposing unilaterally that a substance, PFOS (perfluorooctane sulphate), be added to Annex A to the Stockholm Convention on persistent organic pollutants, the Kingdom of Sweden has failed to fulfil its obligations under Article 10 EC and Article 300(1) EC;

order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

Sweden has proposed unilaterally that a substance, PFOS (perfluorooctane sulphate), be added to Annex A to the Stockholm Convention on persistent organic pollutants.

The Commission claims that Sweden's unilateral proposal of PFOS meant that the EC's international representation was divided. Sweden acted unilaterally with regard to PFOS despite the fact that Sweden was aware that the Community was engaged in drafting legislation which included that substance. Sweden's action meant that the Community and Member States could not jointly present proposals for additions to the Stockholm Convention. Thus Sweden has failed to fulfil its obligations under Articles 10 EC and 300(1) EC.

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