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Case C-181/20: Request for a preliminary ruling from the Nejvyšší soud (Czech Republic) lodged on 24 April 2020 — VYSOČINA WIND a.s. v Česká republika — Ministerstvo životního prostředí
ECLI:EU:UNKNOWN:62020CN0181
62020CN0181
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6.7.2020
EN
Official Journal of the European Union
C 222/20
(Case C-181/20)
(2020/C 222/22)
Language of the case: Czech
Referring court
Nejvyšší soud České republiky
Parties to the main proceedings
Applicant: VYSOČINA WIND a.s.
Defendant: Česká republika — Ministerstvo životního prostředí
Questions referred
1.Must Article 13 of Directive 2012/19/EU (1) of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) be interpreted such that it prevents a Member State from imposing the obligation to finance the costs of the collection, treatment, recovery, and environmentally sound disposal of WEEE coming from photovoltaic panels placed on the market prior to 1 January 2013 on their users, rather than their producers?
2.If the first question is answered in the affirmative, is the evaluation of the conditions for the liability of a Member State for damage caused to an individual due to a breach of EU law influenced by the fact — which was at issue in the original proceedings — that the Member State itself regulated the method of financing of waste from photovoltaic panels prior to the adoption of the directive, which newly included photovoltaic panels in the scope of EU regulation and imposed the obligation to finance the costs on producers, including in relation to panels placed on the market prior to the expiry of the directive’s implementation period (and the adoption of regulation at European Union level)?
(1) OJ 2012 L 197, p. 38.
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