Judgment of the Court (Fifth Chamber) of 3 April 2008 – Commission v Belgium
(Case C‑522/06)
Failure of a Member State to fulfil obligations – Regulation (EC) No2037/2000–Substances that deplete the ozone layer–Recovery, recycling, reclamation and destruction of those substances
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 19)
Re:
| Failure of a Member State to fulfil obligations–Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29June2000 on substances that deplete the ozone layer (OJ2000L244, p.1)–Articles16(5) and 17(1)–Failure to adopt measures defining the minimum qualification requirements for personnel responsible for recovery, recycling, reclamation and destruction of controlled substances referred to in Article2 of the regulation and contained in refrigeration, air-conditioning and heat pump equipment, fire protection systems and fire extinguishers–Failure to adopt all precautionary measures practicable to prevent and minimise leakages of controlled substances and absence of checks on the possible presence of leakages. |
Operative part
The Court:
1. |
| Declares 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 Article16(5) of Regulation (EC) No2037/2000 of the European Parliament and of the Council of 29June2000 on substances that deplete the ozone layer, 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 of leakages in accordance with Article17(1) of Regulation No2037/2000,
the Kingdom of Belgium has failed to fulfil its obligations under the provisions of that regulation;
2. |
| Orders the Kingdom of Belgium to pay the costs. |