24.8.2015

Official Journal of the European Union

C 279/16

(Case C-303/14) (*)

((Failure of a Member State to fulfil obligations - Regulation (EC) No 842/2006 - Training and certification - Obligation to provide notification - Penalties - Regulations (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008))

(2015/C 279/19)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: K. Mifsud-Bonnici and K. Herrmann, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

1.Declares that by failing to notify the European Commission of the required information concerning the certification bodies for personnel and companies and of the titles of certificates for personnel and companies involved in activities relating to specific fluorinated greenhouse gases, or of the national measures on penalties for breaches of the provisions of Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases, the Republic of Poland has failed to fulfil its obligations under Articles 5(2) and 13(2) of that regulation, Article 12(3) of Commission Regulation (EC) No 303/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases, Article 12(3) of Commission Regulation (EC) No 304/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases, Article 7(1) of Commission Regulation (EC) No 305/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gases from high-voltage switchgear, Article 6(1) of Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment, Article 4(2) of Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases and Article 1 of Commission Regulation (EC) No 308/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, the format for notification of the training and certification programmes of the Member States.

2.Orders the Republic of Poland to pay the costs.

(*) Language of the case: Polish.

OJ C 409, 17.11.2014.