24.6.2019

EN

Official Journal of the European Union

C 213/17

(Case C-305/19)

(2019/C 213/16)

Language of the case: Czech

Parties

Applicant: European Commission (represented by: P. Ondrůšek, K. Talabér-Ritz, Agents)

Defendant: Czech Republic

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to ensure that in buildings with a total useful floor area of over 500m², for which an energy performance certificate has been issued under Article 12(1) of Directive 2010/31/EU (1) of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, and which are frequently visited by the public, the energy performance certificates must be displayed, the Czech Republic has failed to fulfil its obligations under Article 13(2) of that directive;

—order the Czech Republic to pay the costs.

Pleas in law and main arguments

1.Article 13(2) of Directive 2010/31/EU provides for the obligation to display the energy performance certificate, issued in accordance with Article 12(1) of the Directive, in cases where a building with a useful floor area of over 500m² is frequently visited by the public.

2.However, Czech law (§ 7a zákon č. 406/2000 Sb., o hospodaření energií, ve znění pozdějších předpisů (Paragraph 7a of Law No 406/2000 on the management of energy, as amended)) provides for the obligation to display an energy performance certificate, or energy performance passport, for those buildings only where they are occupied by public authorities. Czech law thus does not provide for the obligation to display an energy performance passport in situations where those buildings are occupied by bodies other than public authorities, and are frequently visited by the public. The legislation required is still merely at the preparatory stage.

3.The Czech Republic has therefore not ensured that, in buildings with a total useful floor area of over 500m² for which an energy performance certificate has been issued under Article 12(1) of the directive, and which are frequently visited by the public, the energy performance certificate must be displayed, and thus it has failed to fulfil its obligations under Article 13(2) of the Directive.

(1) OJ 2010 L 153, p. 13.