CELEX: C2005/229/07
Language: en
Date: 2005-09-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-214/04: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Substances harmful to the ozone layer — Article 5(3) of Regulation (EC) No 2037/2000 — Maintenance of derogations not provided for in the regulation)

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/3
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 7 July 2005
   in Case C-214/04: Commission of the European Communities v Italian Republic (1)
   
   (Failure by a Member State to fulfil obligations - Substances harmful to the ozone layer - Article 5(3) of Regulation (EC) No 2037/2000 - Maintenance of derogations not provided for in the regulation)
   (2005/C 229/07)
   Language of the case: Italian
   In Case C-214/04 Commission of the European Communities (Agents: U. Wölker and A. Aresu) v Italian Republic (Agent: I.M. Braguglia, assisted by G. Fiengo) — action under Article 226 EC for failure to fulfil obligations, brought on 19 May 2004 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, P. Kūris and J. Klučka (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 7 July 2005, in which it:
   
               1.
            
            
               Declares that by maintaining arrangements for authorising the use of hydrochlorofluorocarbons in fire protection systems without complying with the restrictions and conditions laid down in Article 5(3) 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, the Italian Republic has failed to fulfil its obligations under that regulation.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 190 of 24.7.2004.