Case C-425/05: Action brought on  29 November 2005  by the Commission against Ireland
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, chemical product, dangerous substance, disclosure of information, prevention of pollution, stratospheric pollutant, surveillance concerning imports

25.2.2006

EN

Official Journal of the European Union

C 48/15

On the basis of the information provided to it, the Commission
can only assume that, contrary to the requirements under
Article 14 of Directive 99/31/EC, establishments and undertak-
ings carrying out waste disposal operations without being
subject to a permit did not, prior to 16 July 2002, prepare or
present
for their approval, a
conditioning plan for each unlawful or unsupervised landfill
site. Any landfill site that cannot be adapted to the require-
ments of that directive must be closed down immediately.
Operating an unlawful landfill without a conditioning plan and
without a permit constitutes an infringement of Article 14 of
Directive 99/31/EC.

to the competent authorities,

(1) OJ L 194, of 25.07.1975, p. 39.
(2) OJ L 182, of 16.07.1999, p. 1.
(3) OJ L 78, of 26.03.1991, p. 32.

concerning methyl bromide and halons, together with informa-
tion on the schedules and results of random checks on imports
of controlled substances — is essential for the achievement of
the objectives set by the Regulation and for the implementation
of
taken by the European Community
according to the Vienna Convention for the Protection of the
Ozone Layer and the obligations arising from the Montreal
Protocol on Substances that Deplete the Ozone Layer, to which
the Community is party after Council Decision 88/540/EEC (2).

the engagements

To date Ireland has not communicated to the Commission the
requisite information pursuant to the aforementioned articles
of the Regulation.

(1) Regulation (EC) No 2037/2000 of the European Parliament and of
the Council of 29 June 2000 on substances that deplete the ozone
layer. OJ L 244 , 29.09.2000, p. 1-24.

(2) OJ L 297, 31.10.1998, p. 8

Action brought on 29 November 2005 by the Commission
against Ireland

(Case C-425/05)

(2006/C 48/28)

(Language of the case: English)

An action against Ireland was brought before the Court of
Justice of the European Communities on 29.11.2005 by the
represented by Mr. Ulrich Wölker and Mr.
Commission,
Michael Shotter, acting as Agents, with an address for service
in Luxembourg.

The applicant claims that the Court should:

1. declare that, by failing to provide the information on methyl
bromide referred to in Article 4(2)(iii), the information on
halons referred to in Articles 4(4)(iv) and 5(3) and the infor-
mation on the schedules and results of random checks on
the import of controlled substances referred to in Article
20(3) 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, Ireland has failed to
fulfil its obligations under Articles 4(2)(iii), 4(4)(iv), 5(3) and
20(3) of the Regualtion;

2. order Ireland to pay the costs.

Pleas in law and main arguments

the Regulation
Articles 4(2)(iii), 4(4)(iv), 5(3) and 20(3) of
provide for the submission of information to the Commission
in relation to the main issues covered by the Regulation. The
communication of this information — i.e. annual information

Appeal brought on 7 December 2005 by Land Oberöster-
reich against the judgment delivered on 5 October 2005
by the Court of First Instance of the European Commu-
nities (Fourth Chamber) in Joined Cases T-366/03 and T-
235/04

(Case C-439/05 P)

(2006/C 48/29)

(Language of the case: German)

An appeal against the judgment delivered on 5 October 2005
by the Court of First Instance of the European Communities
(Fourth Chamber) in Joined Cases T-366/03 and T-235/04 was
brought before the Court of Justice of the European Commu-
nities on 7 December 2005 by Land Oberösterreich (the Land
of Upper Austria), represented by Franz Mittendorfer, Rechtsan-
walt, established in Europaplatz 7, A-4020 Linz.

The appellant claims that the Court should:

— Set aside the judgment of the Court of First Instance of the
European Communities (Fourth Chamber) of 5 October
2005 in Joined Cases T-366/03 and T-235/04 between
Land Oberösterreich and Republic of Austria, as applicant,
against the Commission of the European Communities, as
defendant, (1) due to a declaration of invalidity of Commis-
sion Decision 2003/653/EC of 2 September 2003 relating
to national provisions on banning the use of genetically
modified organisms in the region of Upper Austria notified
by the Republic of Austria pursuant to Article 95(5) of the
EC Treaty; (2)