Official Journal of the European Union

C 116/2

(Joined Cases C-14/06 and C-295/06) (1)

(Directive 2002/95/EC - Electrical and electronic equipment - Restriction of use of certain hazardous substances - Decabromodiphenyl ether (‘DecaBDE’) - Commission Decision 2005/717/EC - Exemption of DecaBDE from the prohibition on use - Actions for annulment - Commission's implementing powers - Infringement of the enabling provision)

(2008/C 116/04)

Languages of the case: English and Danish

Parties

Applicants: European Parliament, (represented by: K. Bradley, A. Neergaard and I. Klavina, Agents) (C-14/06), Kingdom of Denmark (represented by: J. Molde, B. Weis Fogh and J. Bering Liisberg, Agents) (C-295/06)

Interveners in support of the applicant: Kingdom of Denmark (Case C-14/06), (represented by: J. Molde, B. Weis Fogh and J. Bering Liisberg, Agents), Portuguese Republic, (represented by: L. Fernandes and M.J. Lois, Agents), Republic of Finland, (represented by: A. Guimaraes-Purokoski, Agent), Kingdom of Sweden, (represented by: A. Kruse, Agent), Kingdom of Norway, (represented by: I. Djupvik, K. Waage and K.B. Moen, Agent, and by E. Holmedal, advokat)

Defendant: Commission of the European Communities (represented by X. Lewis, M. Konstantinidis and H. Støvlbæk, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by V. Jackson, Agent, and by J. Maurici, Barrister)

Re:

Annulment of the Commission Decision of 13 October 2005 amending for the purposes of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003, on the restriction of the use of certain hazardous substances in electrical and electronic equipment (notified under document number C(2005) 3754) (Text with EEA relevance) (OJ 2005 L 271, p. 48) — Exemption of decabromodiphenyl ether (‘DecaBDE’) from the marketing prohibition imposed by Article 4(1) of Directive 2002/95/EC without respecting the conditions laid down by Article 5(1) of that directive

Operative part of the judgment

The Court:

1.Annuls Point 2 of the Annex to Commission Decision 2005/717/EC of 13 October 2005 amending for the purposes of adapting to technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment;

2.Declares that the effects of point 2 of the Annex to Decision 2005/717 are maintained until 30 June 2008 inclusive;

3.Orders the Commission of the European Communities to pay the costs of the European Parliament and those of the Kingdom of Denmark in Case C-295/06;

4.Orders the Kingdom of Denmark, in Case C-14/06, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway to bear their own costs.

(1) OJ C 86, 8.4.2006.