CELEX: 62006CJ0522
Language: en
Date: 2008-04-03
Title: Judgment of the Court (Fifth Chamber) of 3 April 2008. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Regulation (EC) No 2037/2000 - Substances that deplete the ozone layer - Recovery, recycling, reclamation and destruction of those substances. # Case C-522/06.

Judgment of the Court (Fifth Chamber) of 3 April 2008 – Commission v Belgium
      (Case C‑522/06)
      Failure of a Member State to fulfil obligations – Regulation (EC) No 2037/2000 – Substances that deplete the ozone layer – Recovery, recycling, reclamation and destruction of those substances
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 19)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – 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 2000 L 244, p. 1) – Articles 16(5) and 17(1) – Failure to adopt
                  measures defining the minimum qualification requirements for personnel responsible for recovery, recycling, reclamation and
                  destruction of controlled substances referred to in Article 2 of the regulation and contained in refrigeration, air-conditioning
                  and heat pump equipment, fire protection systems and fire extinguishers – Failure to adopt all precautionary measures practicable
                  to prevent and minimise leakages of controlled substances and absence of checks on the possible presence of leakages.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that:
               
            – by failing to define the minimum qualification requirements for certain members of personnel working in recovery, recycling,
         reclamation and destruction of controlled substances in accordance with 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, and
      
      – in respect of the Walloon Region, by failing to take all precautionary measures practicable to prevent and minimise leakages
         of controlled substances and by failing to carry out annual checks to establish the presence of leakages in accordance with
         Article 17(1) of Regulation No 2037/2000,
      
      the Kingdom of Belgium has failed to fulfil its obligations under the provisions of that regulation;
      
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Belgium to pay the costs.