CELEX: C2007/315/50
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-490/07: Action brought on 7 November 2007 — Commission of the European Communities v Republic of Cyprus

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/30
            
         Action brought on 7 November 2007 — Commission of the European Communities v Republic of Cyprus
   (Case C-490/07)
   (2007/C 315/50)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Patakia, A. Alcover San Pedro)
   
      Defendant: Republic of Cyprus
   Form of order sought
   The Court is asked to:
   
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               declare, that,
               
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                           by failing to set in place a system to promote the recovery, recycling, reclamation and destruction of controlled substances,
                        
                     
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                           by applying a system for managing controlled substances based on the storing of old equipment containing used controlled substances until appropriate installations have been constructed or until they are sent abroad for disposal,
                        
                     
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                           by failing to report the quantities of used controlled substances recovered, recycled, reclaimed or destroyed,
                        
                     
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                           by having training programmes which are voluntary, without having put in place a legal framework to define the minimum qualification requirements for the personnel involved with the recycling of controlled substances contained in refrigeration, air conditioning and heat pump equipment, equipment containing solvents and fire protection systems and extinguishers,
                        
                     
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                           by failing to take every possible precautionary measure to ensure that fixed equipment with a refrigerating fluid charge of more than 3 kg is checked for leakages annually and by failing to lay down minimum qualification requirements for the personnel involved,
                        
                     the Hellenic Republic has failed to fulfil its obligations under Article 16(1) and (5), first and second indents, and Article 17(1) 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;
            
         
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               order the Republic of Cyprus to pay the costs.
            
         Pleas in law and main arguments
   
               1.
            
            
               The authorities of the Republic of Cyprus submitted a report, on 6 April 2005, to the Commission concerning the application of Articles 16 and 17 of Regulation No 2037/2000/EC on substances that deplete the ozone layer.
            
         
               2.
            
            
               Having studied that report, the Commission found that the Republic of Cyprus had not put in place a system of measures to promote the recovery, recycling, reclamation and destruction of controlled substances, including the relevant installations, nor had it enacted legislation designating those responsible for collecting and dismantling or disposal in of controlled substances.
            
         
               3.
            
            
               The Commission also found that the necessary full legal framework laying down the minimum qualification requirements for personnel involved in the recycling of controlled substances did not exist and that the existing training programmes were voluntary.
            
         
               4.
            
            
               Lastly, the Commission found that, as regards the requirements that equipment with a refrigerating fluid charge of more than 3 kg be checked for leakages annually and that minimum qualification requirements for the personnel involved be defined, the adoption of the relevant national legislation is still pending.
            
         
               5.
            
            
               The Commission consequently considers that the Republic of Cyprus has failed to fulfil its obligations under Article 16(1) and (5), first and second indents, and Article 17(1) of Regulation No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer.