CELEX: C2004/190/11
Language: en
Date: 2004-07-24 00:00:00
Title: Case C-214/04: Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic

24.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/6
            
         Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic
   (Case C-214/04)
   (2004/C 190/11)
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 19 May 2004 by the Commission of the European Communities, represented by Ulrich Wölker and Antonio Aresu, acting as Agents.
   The applicant claims that the Court should:
   
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               declare that, by retaining up to the present rules which permit the use of hydrochlorofluorocarbons in fire protection installations beyond the limits and outside the conditions laid down in Article 5(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, the Italian Republic has failed to fulfil its obligations under that provision;
            
         
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               order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments:
   The Commission claims that the derogations referred to in the Decree of 3 October 2001 of the Ministry of the Environment and Protection of the Territory apply to various cases which are not covered by the derogation laid down in Regulation No 2037/2000 and that therefore the field of application of those derogations is considerably wider than is permitted under the regulation itself. In so far as the Italian provisions authorise the use of hydrochlorofluorocarbons (HCFCs) in fire protection installations in cases not permitted under Regulation 2037/2000, those provisions are inconsistent with Community law.
   
      (1)  OJ L 244 of 29.9.2000, p. 1