Judgment of the Court (Second Chamber) of 19 May 2011 — European Commission v Republic of Malta

(Case C-376/09) (1)

(Failure of a Member State to fulfil obligations - Regulation (EC) No 2037/2000 - Article 4(4)(v) and Article 16 - Requirement to decommission fire protection systems and fire extinguishers containing halons for non critical uses on board ships - Exceptions - Critical uses of halons 1301 and 2402)

2011/C 204/12

Language of the case: English

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro and E. Depasquale, acting as Agents)

Defendant: Republic of Malta (represented by: S. Camilleri and A. Buhagiar, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(4)(v) and Article 16 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 (OJ 2000 L 244, p. 1) — Limitation on the placing on the market and use of controlled substances — Halons — Requirement to decommission fire protection systems and fire extinguishers containing halons — Fire protection systems and extinguishers on ships

Operative part of the judgment

The Court:

(1)  OJ C 267, 7.11.2009.