Removal from the register of Case C-389/04
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, liberalisation of the market, postal service

24.12.2005

EN

Official Journal of the European Union

C 330/11

2. To what extent may Directive 98/59/EC of 20 July 1998 (2)
be interpreted as authorising an arrangement with the effect
that some establishments normally employing more than 20
employees will be relieved, albeit temporarily, of the obliga-
tion to create
representation of
employees because of rules for the calculation of staff
numbers that exclude taking account of some categories of
employees for the application of the provisions organising
that representation?

a structure

the

for

(1) Directive 2002/14/EC of

the European Parliament and of

the
Council of 11 March 2002 establishing a general framework for
informing and consulting employees in the European Community –
Joint declaration of the European Parliament, the Council and the
Commission on employee representation (OJ 2002 L 80, p. 29)
(2) Council Directive 98/59/EC of 20 July 1998 on the approximation
of the laws of the Member States relating to collective redundancies
(OJ 1998 L 225, p. 16)

Action brought on 27 October 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-390/05)

(2005/C 330/21)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 27 October
2005 by the Commission of the European Communities, repre-
sented by U. Wölker, legal adviser and M. Konstantinidis, of the
Legal Service, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. Declare that the Hellenic Republic has failed to fulfil its obli-
gations under Article 16(5), (6) and 17(1) of Regulation (EC)
No 2037/2000 (1) of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the
ozone layer;

2. Order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The applicant considers that the Hellenic Republic failed to
fulfil its obligations under Article 16(5) 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
because it did not take the measures necessary for determining
minimum qualification requirements for the personnel charged
with the recovery, recycling, reclamation and destruction of
controlled substances that deplete the ozone layer.

The applicant
likewise considers that the Hellenic Republic
infringed its obligations under Article 16(6) of Regulation No
2037/2000 given that the Hellenic Republic did not submit a
report to the Commission in accordance with the requirements
of that provision, concerning the facilities available and the
quantities of used controlled substances recovered, recycled,
reclaimed or destroyed.

Finally, the applicant alleges an infringement by the Hellenic
Republic of Article 17(1) of the abovementioned regulation
because it did not adopt, as provided for thereunder, all practic-
able measures to arrange for annual checks of leakages from
fixed equipment with a refrigerating fluid charge of more than
3 kg.

(1) OJ L 244 of 29.09.2000, p. 1

Removal from the register of Case C-102/03 (1)

(2005/C 330/22)

(Language of the case: Italian)

By order of 6 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-102/03 (Reference for a preliminary
ruling Tribunale di Brindisi): in criminal proceedings against v
Gianfranco Casale, Giuseppe Eugenio Caroli.

(1) OJ C 101, 26.4.2003.

Removal from the register of Case C-389/04 (1)

(2005/C 330/23)

Language of the case: French

By order of 5 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-389/04: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 273, 6.11.2004.