Judgment of the Court (Fifth Chamber) of 14 July 2005 in Case C-79/05 Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Regulation (EC) No 2037/2000 — Substances that deplete the ozone layer — Failure to transpose within the prescribed period)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, dangerous substance, environmental protection, ozone, refrigeration industry, stratospheric pollution

C 217/22

EN

Official Journal of the European Union

3.9.2005

JUDGMENT OF THE COURT

ORDER OF THE COURT

(Fifth Chamber)

of 14 July 2005

(Fourth Chamber)

of 21 June 2005

in Case C-79/05 Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 2037/2000 — Substances that deplete the ozone
layer — Failure to transpose within the prescribed period)

in Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-
223/04, C-224/04, C-271/04 and C-272/04: References for a
preliminary ruling from the Tribunale di Milano in
Azienda Agricola Balconi Andrea (ex Guido) v Regione
Lombardia and Others, and in Azienda Agricola Schnabl
Rosa and Others v Agenzia per le Erogazioni in Agricol-
tura and Others (1)

(2005/C 217/42)

(Language of the case: Italian)

(Milk and milk products — Additional levy on milk — Regu-
lations (EEC) No 856/84 and No 3950/92 — Reference
quantity — Regulation (EC, Euratom) No 2988/95 —
Administrative penalties — Conditions)

In Case C-79/05: Commission of the European Communities
(Agents: U. Wölker and A. Aresu) v Italian Republic (Agent:
I.M. Braguglia, assisted by G. Fiengo) — action under Article
226 EC for failure to fulfil obligations, brought on 17 February
2005 — the Court (Fifth Chamber), composed of R. Silva de
Lapuerta (Rapporteur), President of the Chamber, C. Gulmann
and J. Klučka, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 14 July 2005, in which it:

1. Declares that, by failing to take, within the prescribed period, all
precautionary measures practicable
to prevent and minimise
leakages of controlled substances as regards, in particular, the obli-
gation to check annually fixed equipment with a refrigerating fluid
charge of more than 3 kg for leakages, the Italian Republic has
failed to fulfil its obligations under 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 Italian Republic to pay the costs.

(1) OJ C 93 of 16.04.2005.

(2005/C 217/43)

(Language of the case: Italian)

In Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-
223/04, C-224/04, C-271/04 and C-272/04: references for a
preliminary ruling under Article 234 EC from the Tribunale di
Milano (Italy)
(C-162/03), made by decision of 21 February
2003, received at the Court on 7 April 2003, from the Tribu-
nale di Tolmezzo (Italy) (C-185/03, C-271/04 and C-272/04),
made by decisions of 16 April 2003 and 16 June 2004,
received at the Court on 5 May 2003 and 25 June 2004
respectively, and from the Tribunale di Gorizia (Italy) (C-44/04,
C-45/04, C-223/04 and C-224/04), made by decisions of 18
December 2003 and 7 April 2004, received at the Court on 4
February 2004 and 28 May 2004 respectively, in the proceed-
ings between Azienda Agricola Balconi Andrea (ex Guido) (C-
162/03) against Regione Lombardia, Agenzia per le Erogazioni
in Agricoltura (AGEA), and in the proceedings between
Azienda Agricola Schnabl Rosa (C-185/03), Azienda Agricola
Bogar Roberto e Andrea (C-44/04 and C-224/04), Azienda
Agricola Bressan Aldo (C-45/04 and C-223/04), Azienda Agri-
cola Di Doi Elena (C-271/04) and Azienda Agricola Piemonte
Franco (C-272/04) against Agenzia per le Erogazioni in Agri-
coltura (AGEA) and Cospalat FVG — the Court
(Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric (Rapporteur), M. Ilešič, Judges; C. Stix-Hackl, Advo-
cate General; R. Grass, Registrar, made an order on 21 June
2005, the operative part of which is as follows: