Case C-214/04, Commission v Italy
Judgement was given in the case of Commission v Italy on 7 July 2005.
The ECJ held that by maintaining rules which permit the use of hydrochlorofluorocarbons (HCFCs) in fire protection installations beyond the limits and outside the conditions laid down in Article 5(3) of EC Regulation No. 2037/2000 on substances that deplete the ozone layer, Italy had failed to fulfil its obligations under that provision.
The Commission claimed that the derogations referred to in the Decree of 3 October 2001 of the Ministry of the Environment and Protection of the Territory apply to various cases which are not covered by the derogation laid down in Regulation No 2037/2000 and that therefore the field of application of those derogations is considerably wider than is permitted under the regulation itself.
In so far as the Italian provisions authorised the use of HCFCs in fire protection installations in cases not permitted under Regulation 2037/2000, those provisions were held to be inconsistent with Community law.
The Judgement in the case is currently only available in French and Italian though should shortly be available in English here.