CELEX: C2006/086/18
Language: en
Date: 2006-04-08 00:00:00
Title: Case C-14/06: Action brought on  11 January 2006  by European Parliament against the Commission of the European Communities

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/11
            
         Action brought on 11 January 2006 by European Parliament against the Commission of the European Communities
   (Case C-14/06)
   (2006/C 86/18)
   Language of the case: English
   An action against the Commission of the European Communities was brought before the Court of Justice of the European Communities on 11 January 2006 (lodged by fax on 6 January 2006) by the European Parliament, represented by Mr K. Bradley, Mr A. Neergaard and Mrs I. Klavina, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               annul Commission Decision 2005/717/EC of 13 October 2005 amending for the purpose of adapting to the technical progress the Annex to Directive 2002/95/EC of the European Parliament and of Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment;
            
         
               2.
            
            
               order Commission of the European Communities to pay the costs.
            
         Pleas in law and main arguments
   Commission Decision 2005/717/EC of 13 October 2005 (1) exempts decabromodiphenyl ether (‘DecaBDE’) from the marketing prohibition imposed by Article 4(1) of European Parliament and Council Directive 2002/95 (2) on the restriction of the use of certain hazardous substances in electrical and electronic equipment. The applicant submits that the Commission has failed to respect the conditions laid down for such exemptions by Article 5(1) of that Directive and has therefore exceeded the powers it derives from that provision. In so far as there exists scientific uncertainty as to the health and environmental consequences of DecaBDE use, the Commission has committed a manifest error in assessing the scientific evidence and failed to respect the precautionary principle. By extending the exemption to all the polymeric applications of DecaBDE, without exception, it has breached the principle of proportionality. The Commission has failed to provide a proper statement of reasons for its decision to exempt DecaBDE.
   
      (1)  Official Journal L 271, 15/10/2005 P. 0048 - 0050
   
   
      (2)  Official Journal L 037, 13/02/2003 P. 0019 - 0023