CELEX: C2007/042/27
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-522/06: Action brought on 22 December 2006 — Commission of the European Communities v Kingdom of Belgium

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/16
            
         Action brought on 22 December 2006 — Commission of the European Communities v Kingdom of Belgium
   (Case C-522/06)
   (2007/C 42/27)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro, B. Stromsky, Agents)
   
      Defendant: Kingdom of Belgium
   Form of order sought
   The Court is asked to:
   
               —
            
            
               Declare that, by failing to define the minimum qualification requirements for certain members of personnel working in recovery, recycling, reclamation and destruction of controlled substances in accordance with Article 16(5) 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 (1) and, in respect of the Walloon Region, by failing to take all precautionary measures practicable to prevent and minimise leakages of controlled substances and by failing to carry out annual checks to establish the presence or not of leakages in accordance with Article 17(1) of that regulation, the Kingdom of Belgium has failed to fulfil its obligations under Articles 16(5) and 17(1) of that regulation.
            
         
               —
            
            
               Order the Kingdom of Belgium to pay the costs.
            
         Pleas in law and main arguments
   In support of its action, the applicant asserts that the Kingdom of Belgium, first, has failed to define the minimum qualification requirements for personnel responsible for recovery, recycling, reclamation and destruction of controlled substances referred to in Article 2 of the Regulation and contained in refrigeration, air-conditioning and heat pump equipment, fire protection systems and fire extinguishers — except, in respect of extinguishers containing halons, the Region of Brussels-Capital — and, secondly, in respect of the Walloon Region, has failed to take all precautionary measures practicable to prevent and minimise leakages of controlled substances and to carry out annual checks to establish the possible presence or not of such leakages.
   
      (1)  OJ 2000 L 244, p. 1.