Case C-490/07: Action brought on 7 November 2007 — Commission of the European Communities v Republic of Cyprus
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Cyprus, European Commission, action for failure to fulfil an obligation, dangerous substance, ozone, vocational training, waste management

C 315/30

EN

Official Journal of the European Union

22.12.2007

Action brought on 7 November 2007 — Commission of
the European Communities v Republic of Cyprus

Pleas in law and main arguments

(Case C-490/07)

(2007/C 315/50)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia, A. Alcover San Pedro)

Defendant: Republic of Cyprus

Form of order sought

The Court is asked to:

— declare, that,

— by failing to set

recovery,
controlled substances,

recycling,

in place a system to promote the
reclamation and destruction of

— by applying a system for managing controlled substances
based on the storing of old equipment containing used
controlled substances until appropriate installations have
they are sent abroad for
been constructed or until
disposal,

— by failing to report the quantities of used controlled
substances recovered, recycled, reclaimed or destroyed,

— by having training programmes which are voluntary,
without having put in place a legal framework to define
the minimum qualification requirements
the
involved with the recycling of controlled
personnel
substances contained in refrigeration, air conditioning
and heat pump equipment,
containing
solvents and fire protection systems and extinguishers,

equipment

for

— by failing to take every possible precautionary measure
to ensure that fixed equipment with a refrigerating fluid
charge of more than 3 kg is checked for leakages
annually and by failing to lay down minimum qualifica-
tion requirements for the personnel involved,

the Hellenic Republic has failed to fulfil its obligations under
first and second indents, and
Article 16(1) and (5),
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;

1. The authorities of

the Republic of Cyprus submitted a
report, on 6 April 2005, to the Commission concerning the
application
of Regulation
16
No 2037/2000/EC on substances that deplete the ozone
layer.

of Articles

and

17

2. Having studied that report, the Commission found that the
Republic of Cyprus had not put
in place a system of
measures to promote the recovery, recycling, reclamation
and destruction of controlled substances, including the rele-
vant installations, nor had it enacted legislation designating
those responsible for collecting and dismantling or disposal
in of controlled substances.

3. The Commission also found that the necessary full

legal
framework laying down the minimum qualification require-
ments for personnel involved in the recycling of controlled
substances did not exist and that
the existing training
programmes were voluntary.

4. Lastly, the Commission found that, as regards the require-
ments that equipment with a refrigerating fluid charge of
more than 3 kg be checked for leakages annually and that
the personnel
minimum qualification requirements
involved be defined, the adoption of the relevant national
legislation is still pending.

for

5. The Commission consequently considers that the Republic of
Cyprus has failed to fulfil its obligations under Article 16(1)
and (5), first and second indents, and Article 17(1) of Regu-
lation No 2037/2000 of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the
ozone layer.

Action brought on 9 November 2007 — Commission of
the European Communities v Slovak Republic

(Case C-493/07)

(2007/C 315/51)

Language of the case: Slovak

Parties

Applicant: Commission of the European Communities (repre-
sented by G. Braun and J. Javorský, acting as Agents)

— order the Republic of Cyprus to pay the costs.

Defendant: Slovak Republic