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Case C-376/09: Action brought on 22 September 2009 — Commission of the European Communities v Republic of Malta
ECLI:EU:UNKNOWN:62009CN0376
62009CN0376
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EN
Official Journal of the European Union
C 267/51
(Case C-376/09)
2009/C 267/85
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro, E. Depasquale, Agents)
Defendant: Republic of Malta
The applicant claims that the Court should:
—declare that, by not decommissioning non-critical uses of halons in fire protection systems and fire extinguishers on ships and by not recovering these halons, the Republic of Malta has failed to fulfil its obligations under Articles 4(4)(v) and 16 of Regulation (EC) No 2037/2000 (1) of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer;
—order Republic of Malta to pay the costs.
Pleas in law and main arguments
It follows from the provisions of Articles 4(4)(v) and 16 of the Regulation, read in conjunction with the provisions of Article 2 of the Act of Accession, that the Republic of Malta was required to decommission fire protection systems and fire extinguishers containing halons before 1 May 2004, with the exception of the critical uses listed in Annex VII to the regulation, and to recover these halons by appropriate technologies.
In the absence of any information to the effect that that the Republic of Malta has decommissioned non-critical uses of halons in fire protection systems and file extinguishers on all the ships listed in the form attached to its reply to the letter of formal notice and has recovered these halons, the Commission concludes that the Republic of Malta has failed to fulfil its obligations under Articles 4(4)(v) and 16 of the regulation.
* * *
(1) OJ L 244, p. 1