CELEX: C2005/217/42
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 July 2005 in Case C-79/05 Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Regulation (EC) No 2037/2000 — Substances that deplete the ozone layer — Failure to transpose within the prescribed period)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/22
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 14 July 2005
   in Case C-79/05 Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EC) No 2037/2000 - Substances that deplete the ozone layer - Failure to transpose within the prescribed period)
   (2005/C 217/42)
   Language of the case: Italian
   In Case C-79/05: 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 17 February 2005 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta (Rapporteur), President of the Chamber, C. Gulmann and J. Klučka, Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 14 July 2005, in which it:
   
               1.
            
            
               Declares that, by failing to take, within the prescribed period, all precautionary measures practicable to prevent and minimise leakages of controlled substances as regards, in particular, the obligation to check annually fixed equipment with a refrigerating fluid charge of more than 3 kg for leakages, the Italian Republic has failed to fulfil its obligations under 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;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 93 of 16.04.2005.