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Judgment of the Court (Eighth Chamber) of 14 December 2006. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Regulation (EC) No 2037/2000 - substances that deplete the ozone layer. # Case C-390/05.
ECLI:EU:C:2006:790
62005CJ0390
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(Case C‑390/05)
Failure of a Member State to fulfil obligations – Regulation (EC) No 2037/2000 – Substances that deplete the ozone layer
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 9, 14, 18)
Re:
Failure of a Member State to fulfil its obligations – Infringement of Articles 16(5) and (6) and 17(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1) – Recovery, recycling, reclamation and destruction of controlled substances – Failure to determine minimum qualification requirements for the personnel responsible – Failure to report to the Commission on the programmes related to the level of qualification required.
Operative part
The Court:
1.Declares that, by failing to take the measures necessary for determining minimum qualification requirements for the personnel charged with the recovery, recycling, reclamation and destruction of controlled substances that deplete the ozone layer, by failing to submit to the Commission, by 31 December 2001, a report with information on the facilities available and the quantities of used controlled substances recovered, recycled, reclaimed or destroyed and by failing to take all the preventive measures necessary to ensure that fixed equipment with a refrigerating fluid charge of more than 3 kg is checked annually for leakages, the Hellenic Republic has failed to fulfil its obligations under Article 16(5) and (6) and Article 17(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer;
2.Orders the Hellenic Republic to pay the costs.