CELEX: C2005/330/21
Language: en
Date: 2005-12-24 00:00:00
Title: Case C-390/05: Action brought on  27 October 2005  by the Commission of the European Communities against the Hellenic Republic

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/11
            
         Action brought on 27 October 2005 by the Commission of the European Communities against the Hellenic Republic
   (Case C-390/05)
   (2005/C 330/21)
   Language of the case: Greek
   An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 27 October 2005 by the Commission of the European Communities, represented by U. Wölker, legal adviser and M. Konstantinidis, of the Legal Service, with an address for service in Luxembourg.
   The Commission claims that the Court should:
   
               1.
            
            
               Declare that the Hellenic Republic has failed to fulfil its obligations under Article 16(5), (6) and 17(1) 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;
            
         
               2.
            
            
               Order the Hellenic Republic to pay the costs.
            
         Pleas in law and main arguments
   The applicant considers that the Hellenic Republic failed to fulfil its obligations under 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 because it did not take the measures necessary for determining minimum qualification requirements for the personnel charged with the recovery, recycling, reclamation and destruction of controlled substances that deplete the ozone layer.
   The applicant likewise considers that the Hellenic Republic infringed its obligations under Article 16(6) of Regulation No 2037/2000 given that the Hellenic Republic did not submit a report to the Commission in accordance with the requirements of that provision, concerning the facilities available and the quantities of used controlled substances recovered, recycled, reclaimed or destroyed.
   Finally, the applicant alleges an infringement by the Hellenic Republic of Article 17(1) of the abovementioned regulation because it did not adopt, as provided for thereunder, all practicable measures to arrange for annual checks of leakages from fixed equipment with a refrigerating fluid charge of more than 3 kg.
   
      (1)  OJ L 244 of 29.09.2000, p. 1