# C_2022119EN.01000901.xml

| 14.3.2022 | EN | Official Journal of the European Union | C 119/9 |
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14.3.2022

EN

Official Journal of the European Union

C 119/9

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Judgment of the Court (Grand Chamber) of 25 January 2022 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — VYSOČINA WIND a.s. v Česká republika — Ministerstvo životního prostředí

(Case C-181/20) (1)

(Reference for a preliminary ruling - Environment - Directive 2012/19/EU - Waste electrical and electronic equipment - Obligation to finance the costs relating to the management of waste from photovoltaic panels - Retroactive effect - Principle of legal certainty - Incorrect transposition of a directive - Liability of the Member State)

(2022/C 119/12)

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

Operative part of the judgment

| 1. | Article 13(1) of Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) is invalid in so far as it imposes on producers the obligation to finance the costs relating to the management of waste from photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012.
  Article 13(1) of Directive 2012/19 must be interpreted as precluding national legislation which imposes on users of photovoltaic panels, and not on producers of those panels, the obligation to finance the costs relating to the management of waste from such panels placed on the market from 13 August 2012, the date on which that directive entered into force. |
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1.

Article 13(1) of Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) is invalid in so far as it imposes on producers the obligation to finance the costs relating to the management of waste from photovoltaic panels placed on the market between 13 August 2005 and 13 August 2012.

Article 13(1) of Directive 2012/19 must be interpreted as precluding national legislation which imposes on users of photovoltaic panels, and not on producers of those panels, the obligation to finance the costs relating to the management of waste from such panels placed on the market from 13 August 2012, the date on which that directive entered into force.

| 2. | EU law must be interpreted as meaning that the fact that a Member State adopted legislation contrary to an EU directive prior to the adoption of that directive does not constitute, in itself, a breach of EU law, since the achievement of the result prescribed by the directive cannot be regarded as seriously compromised before the directive forms part of the EU legal order. |
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2.

EU law must be interpreted as meaning that the fact that a Member State adopted legislation contrary to an EU directive prior to the adoption of that directive does not constitute, in itself, a breach of EU law, since the achievement of the result prescribed by the directive cannot be regarded as seriously compromised before the directive forms part of the EU legal order.

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(1)  OJ C 222, 6.7.2020.

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