CELEX: C2003/289/26
Language: en
Date: 2003-11-29 00:00:00
Title: Case C-411/03: Reference for a preliminary ruling by the Landgericht Koblenz by order of that Court of 16 September 2003 in the matter concerning the companies register relating to SEVIC Systems Aktiengesellschaft

29.11.2003             EN                        Official Journal of the European Union                                         C 289/13
3.    If either of the previous two questions is answered in the         also prevented from evaluating the measures taken by Ireland
      affirmative, does Community law preclude a legal costs             as part of its overall evaluation with a view to proposing,
      scheme such as that in issue, under which, in principle,           as appropriate, Community measures regarding minimum
      only a limited contribution is made towards legal costs            qualification requirements.
      where a citizen is successful in proceedings brought
      before the national courts for breach of Community law
      by a Member State?
                                                                         With regard to Article 17(2) of the Regulation, the Commission
                                                                         considers that Ireland has equally failed in its obligations. It
                                                                         has not defined the minimum qualification requirements
                                                                         for personnel involved in taking all precautionary measures
                                                                         practicable to prevent and minimise leakages of methyl
                                                                         bromide from fumigation installations and operations in which
                                                                         methyl bromide is used. Nor, for that matter, does the
                                                                         Commission have any information indicating that Ireland has
Action brought on 29 September 2003 by the Com-                          taken the necessary precautionary measures.
   mission of the European Communities against Ireland
                                                                         (1) OJ L 244, 29.9.2000, p. 1.
                          (Case C-406/03)
                         (2003/C 289/25)
An action against Ireland was brought before the Court of
Justice of the European Communities on 29 September 2003
by the Commission of the European Communities, represented
by U. Wölker and M. Shotter, acting as agents, with an address           Reference for a preliminary ruling by the Landgericht
for service in Luxembourg.                                               Koblenz by order of that Court of 16 September 2003 in
                                                                         the matter concerning the companies register relating to
                                                                                       SEVIC Systems Aktiengesellschaft
The Applicant claims that the Court should:
—     declare that, by failing to provide the reports referred to                                 (Case C-411/03)
      in Articles 16(5), 16(6) and 17(1) of Regulation (EC)
      No. 2037/2000 (1) on substances that deplete the ozone
      layer, and by failing, in accordance with Article 17(2) of                                  (2003/C 289/26)
      the said Regulation, to take all precautionary measures
      practicable to prevent and minimise leakages of methyl
      bromide and to define the minimum qualification require-
      ments for the personnel involved, Ireland has failed to
      fulfil its obligations under Articles 16(5), 16(6), 17(1)
      and 17(2) of the said Regulation;                                  Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Landgericht Koblenz
                                                                         (Regional Court, Koblenz) of 16 September 2003, received at
—     order Ireland to pay the costs.
                                                                         the Court Registry on 2 October 2003, for a preliminary ruling
                                                                         in the matter concerning the companies register relating to
                                                                         SEVIC Systems Aktiengesellschaft on the following question:
Pleas in law and main arguments
                                                                         Are Articles 43 and 48 EC to be interpreted as meaning that it
The Commission did not, by the required date of 31 December              is contrary to freedom of establishment for companies if a
                                                                         foreign European company is refused registration of its
2001, receive from Ireland information on the quantities of
                                                                         proposed merger with a German company in the German
ozone depleting substances recovered, reclaimed, recycled and
destroyed. Nor did it receive by that date any of the other              register of companies under paragraphs 16 et seq. of the
detailed information required to be reported to it by virtue of          Umwandlungsgesetz (Law on transformations), on the ground
                                                                         that paragraph 1 (1)(1) of that law provides only for transform-
Articles 16(5), 16(6) and 17(1) of the Regulation. In the
absence of this information, the Commission is concerned that            ation of legal entities established in Germany?
Ireland’s efforts to curb ozone depleting substances may fall
short of what is required by the Regulation, as the Commission
has been deprived of a means of verifying compliance. It is