16.4.2005   

EN

Official Journal of the European Union

C 93/16


Action brought on 17 February 2005 by the Commission of the European Communities against the Italian Republic

(Case C-79/05)

(2005/C 93/29)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 17 February 2005 by the Commission of the European Communities, represented by U. Wölker and A. Aresu, acting as Agents.

The Commission claims that the Court should:

1.

declare that, by failing to adopt all precautionary measures practicable to prevent and minimise leakages of controlled substances, in particular in respect of the obligation to check annually for leakages fixed equipment with a refrigerating fluid charge of more than 3 kg, 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; (1)

2.

order the Italian Republic to pay the costs.

Pleas in law and main arguments

On the basis of the available information, the Italian Republic does not appear to have yet adopted any measures in accordance with Article 17(1) of Regulation (EC) No 2037/2000.


(1)  OJ L 244 of 29. 9. 2000, p. 1.