Case C-303/14: Action brought on 24 June 2014  — European Commission v Republic of Poland
Date: 2014-06-24
Institutions: Court of Justice
Subjects: Poland, cold store, electrical engineering, greenhouse gas, infringement of EU law, market approval, reduction of gas emissions








C_2014409EN.01002701.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/27





Action brought on 24 June 2014 — European Commission v Republic of Poland
(Case C-303/14)
2014/C 409/39
Language of the case: Polish

Parties


Applicant: European Commission (represented by: K. Mifsud-Bonnici and K. Herrmann, Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






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Declare that, by not notifying the Commission of the certification bodies for personnel and companies and the titles of certificates for personnel and companies designed to record activities in relation to specific fluorinated greenhouse gases which are the subject-matter of the Commission’s implementing regulations, and by failing to adopt the provisions on penalties for breaches of the provisions of Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (1) and to notify those provisions to the Commission, the Republic of Poland has failed to fulfil its obligations under Article 5(2) of that regulation, in conjunction with Article 12(3) of Commission Regulation (EC) No 303/2008, (2) Article 12(3) of Commission Regulation (EC) No 304/2008, (3) Article 7(1) of Commission Regulation (EC) No 305/2008, (4) Article 6(1) of Commission Regulation (EC) No 306/2008, (5) Article 4(2) of Commission Regulation (EC) No 307/2008, (6) Article 1 of Commission Regulation (EC) No 308/2008, (7) and Article 13(2) of Regulation (EC) No 842/2006 of the European Parliament and of the Council;










—


Order the Republic of Poland to pay the costs.





Pleas in law and main arguments

Article 5(2) of Regulation No 842/2006 requires Member States to notify the Commission of their training and certification programmes for companies and personnel involved in the installation, maintenance or servicing of equipment and systems covered by Article 3(1) of that regulation and in the recovery of fluorinated greenhouse gases. This obligation is set out in greater detail by the Commission’s implementing regulations adopted on the basis of Article 5(1) of Regulation No 842/2006.
The first plea is therefore based on the fact that the Republic of Poland has not to date forwarded to the Commission the names of the certification bodies for personnel and companies which carry out checks for leakage, installation, servicing or maintenance of stationary refrigeration equipment, air-conditioning equipment, heat-pump equipment, fire-protection systems and fire extinguishers, and which perform activities in connection with the recovery of those fluorinated greenhouse gases; nor has it forwarded to the Commission the titles of the certificates for personnel and companies which satisfy the requirements for certification set out in the Commission’s implementing regulations. In addition, no names have been forwarded of the certification bodies for personnel carrying out activities in connection with the recovery of fluorinated greenhouse gases from high-voltage switchgear and recovering solvents containing fluorinated greenhouse gases from equipment; nor have the titles been provided of certificates for personnel satisfying the requirements for certification set out in the Commission’s implementing regulations. Moreover, the Polish authorities have failed to forward to the Commission, in the form prescribed by Commission Regulation No 308/2008, the names of the attestation bodies for personnel and the titles of the attestation certificates for personnel meeting the requirements of Article 3(2) and of the annex to Regulation No 307/2008.
The second plea alleges that the Commission was not notified of the national rules on penalties for breaches of the provisions of Regulation No 842/2006. The duty to determine penalties and to notify them to the Commission is, it submits, particularly important in order to ensure full efficacy of the obligations which Articles 3, 4 and 5 of Regulation No 842/2006 impose on operators of stationary equipment. In addition, the establishment of such penalties and their notification to the Commission are of fundamental importance for the purpose of ensuring compliance with the obligations which Article 7 of that regulation imposes on the manufacturers of products and equipment containing fluorinated greenhouse gases. Failure to comply with the prohibitions laid down in Articles 8 and 9 of Regulation No 842/2006 also required to be penalised by means of national rules, within the meaning of Article 13(1) of that regulation, which had to be notified to the Commission.


(1)  OJ 2006 L 161, p. 1.

(2)  OJ 2008 L 92, p. 3; Commission Regulation No 303/2008 establishing minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases.

(3)  OJ 2008 L 92, p. 12; Commission Regulation No 304/2008 establishing minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases.

(4)  OJ 2008 L 92, p. 17; Commission Regulation No 305/2008 establishing minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gases from high-voltage switchgear.

(5)  OJ 2008 L 92, p. 21; Commission Regulation No 306/2008 establishing minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment.

(6)  OJ 2008 L 92, p. 25; Commission Regulation No 307/2008 establishing minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases.

(7)  OJ 2008 L 92, p. 28; Commission Regulation No 308/2008 establishing the format for notification of the training and certification programmes of the Member States.