Case C-206/05: Action brought on 11 May 2005 by Commission of the European Communities against the Kingdom of Sweden
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, animal breeding, equidae, intra-EU trade

C 229/4

EN

Official Journal of the European Union

17.9.2005

Lapuerta, President of the Chamber, P. Kūris and J. Klučka
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 7 July 2005, in which it:

2. order the Kingdom of Sweden to pay the costs.

1. Declares that by maintaining arrangements for authorising the use
of hydrochlorofluorocarbons
in fire protection systems without
laid down in
complying with the restrictions and conditions
Article 5(3) 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, the Italian Republic has failed to fulfil
its obligations under that regulation.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 190 of 24.7.2004.

Action brought on 11 May 2005 by Commission of the
European Communities against the Kingdom of Sweden

(Case C-206/05)

(2005/C 229/08)

(Language of the case: Swedish)

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 11 May
2005 by the Commission of the European Communities, repre-
sented by Friedrich Erlbacher and Knut Simonsson, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. first, declare that, by laying down in its national legislation a
requirement that a stallion be assessed in Sweden for stud
purposes before being used to breed with mares other than
those of the stallion's owner, Sweden has failed to fulfil its
obligations under Article 3 of Council Directive 90/427/EEC
of 26 June 1990 on the zootechnical and genealogical
conditions governing intra-Community trade in equidae;

second, declare that, by laying down in its national legisla-
that a stallion must be assessed in
tion a requirement
Sweden for stud purposes before being used to breed with
mares other than those of the stallion's owner, Sweden has
failed to fulfil its obligations under Article 28 EC;

Pleas in law and main arguments

The Commission considers that, by laying down in its national
legislation a requirement that a stallion be assessed in Sweden
for stud purposes before it may be used for breeding with
mares other than those of the stallion's owner, the Kingdom of
Sweden is restricting trade in horses within the Community.

that

The fact
in Directive 90/427/EEC, or in any decision
adopted on the basis of the directive, methods for assessment
for stud purposes are not established does not mean that a
Member State is entitled to lay down such a requirement. More-
over, the Swedish requirement for such an assessment is not
justified by Article 30 EC in the interest of protecting the
health and life of animals. The Commission submits that the
Kingdom of Sweden's requirement for an assessment seems to
be more in order to improve the characteristics of current
breeds than to protect the health and life of horses.

Action brought on 15 June 2005 by Commission of the
the
European Communities against

the Kingdom of

Netherlands

(Case C-253/05)

(2005/C 229/09)

(Language of the case: Dutch)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
15 June 2005 by the Commission of the European Commu-
nities, represented by Minas Konstantinidis and Pieter Van
Nuffel, acting as Agents.

The applicant claims that the Court should:

— Declare that, by creating obstacles by means of the Conve-
nant Verpakkingen (packaging rules) III, to the marketing in
the Netherlands of drinks packaging originating in other
Member States and satisfying the essential requirements laid
down in European Parliament and Council Directive
94/62/EC (1) of 20 December 1994 on packaging and
packaging waste, the Kingdom of the Netherlands has failed
to fulfil its obligations under Article 18 of that directive;

— Order the Netherlands to pay the costs.