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Document 62014CJ0303

Commission v Poland

Judgment of the Court (Sixth Chamber) of 25 June 2015 —

Commission v Poland

(Case C‑303/14) 1  ( 1 )

‛Failure of a Member State to fulfil obligations — Regulation (EC) No 842/2006 — Training and certification — Obligation to provide notification — Penalties — Regulations (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008’

1. 

Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 18)

2. 

Environment — Protection of the ozone layer — Regulations No 842/2006 — Fluorinated greenhouse gases — Information concerning training and certification — National measures regarding penalties — Failure to comply with the obligation to provide notification (European Parliament and Council Regulation No 842/2006; Commission Regulations No 303/2008 to 308/2008) (see paras 21-23, operative part)

Operative part

The Court:

1. 

Declares that by failing to notify the European Commission of the required information concerning the certification bodies for personnel and companies and of the titles of certificates for personnel and companies involved in activities relating to specific fluorinated greenhouse gases, or of the national measures on penalties for breaches of the provisions of Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases, the Republic of Poland has failed to fulfil its obligations under Articles 5(2) and 13(2) of that regulation, Article 12(3) of Commission Regulation (EC) No 303/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases, Article 12(3) of Commission Regulation (EC) No 304/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases, Article 7(1) of Commission Regulation (EC) No 305/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gases from high-voltage switchgear, Article 6(1) of Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment, Article 4(2) of Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases and Article 1 of Commission Regulation (EC) No 308/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, the format for notification of the training and certification programmes of the Member States.

2. 

Orders the Republic of Poland to pay the costs.


( 1 )   OJ C 409, 17.11.2014.

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Judgment of the Court (Sixth Chamber) of 25 June 2015 —

Commission v Poland

(Case C‑303/14) 1  ( 1 )

‛Failure of a Member State to fulfil obligations — Regulation (EC) No 842/2006 — Training and certification — Obligation to provide notification — Penalties — Regulations (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008’

1. 

Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 18)

2. 

Environment — Protection of the ozone layer — Regulations No 842/2006 — Fluorinated greenhouse gases — Information concerning training and certification — National measures regarding penalties — Failure to comply with the obligation to provide notification (European Parliament and Council Regulation No 842/2006; Commission Regulations No 303/2008 to 308/2008) (see paras 21-23, operative part)

Operative part

The Court:

1. 

Declares that by failing to notify the European Commission of the required information concerning the certification bodies for personnel and companies and of the titles of certificates for personnel and companies involved in activities relating to specific fluorinated greenhouse gases, or of the national measures on penalties for breaches of the provisions of Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases, the Republic of Poland has failed to fulfil its obligations under Articles 5(2) and 13(2) of that regulation, Article 12(3) of Commission Regulation (EC) No 303/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases, Article 12(3) of Commission Regulation (EC) No 304/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases, Article 7(1) of Commission Regulation (EC) No 305/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gases from high-voltage switchgear, Article 6(1) of Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment, Article 4(2) of Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases and Article 1 of Commission Regulation (EC) No 308/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006, the format for notification of the training and certification programmes of the Member States.

2. 

Orders the Republic of Poland to pay the costs.


( 1 ) OJ C 409, 17.11.2014.

Top