CELEX: C2006/048/28
Language: en
Date: 2006-02-25 00:00:00
Title: Case C-425/05: Action brought on  29 November 2005  by the Commission against Ireland

25.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/15
            
         Action brought on 29 November 2005 by the Commission against Ireland
   (Case C-425/05)
   (2006/C 48/28)
   Language of the case: English
   An action against Ireland was brought before the Court of Justice of the European Communities on 29.11.2005 by the Commission, represented by Mr. Ulrich Wölker and Mr. Michael Shotter, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that, by failing to provide the information on methyl bromide referred to in Article 4(2)(iii), the information on halons referred to in Articles 4(4)(iv) and 5(3) and the information on the schedules and results of random checks on the import of controlled substances referred to in Article 20(3) of Regulation (EC) No 2037/2000 (1) of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, Ireland has failed to fulfil its obligations under Articles 4(2)(iii), 4(4)(iv), 5(3) and 20(3) of the Regualtion;
            
         
               2.
            
            
               order Ireland to pay the costs.
            
         Pleas in law and main arguments
   Articles 4(2)(iii), 4(4)(iv), 5(3) and 20(3) of the Regulation provide for the submission of information to the Commission in relation to the main issues covered by the Regulation. The communication of this information — i.e. annual information concerning methyl bromide and halons, together with information on the schedules and results of random checks on imports of controlled substances — is essential for the achievement of the objectives set by the Regulation and for the implementation of the engagements taken by the European Community according to the Vienna Convention for the Protection of the Ozone Layer and the obligations arising from the Montreal Protocol on Substances that Deplete the Ozone Layer, to which the Community is party after Council Decision 88/540/EEC (2).
   To date Ireland has not communicated to the Commission the requisite information pursuant to the aforementioned articles of the Regulation.
   
      (1)  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 L 244, 29.09.2000, p. 1-24.
   
      (2)  OJ L 297, 31.10.1998, p. 8