Commission of the European Communities, applicant, v. Ireland, defendant

The Commission of the European Communities requested the Court to declare that, by failing to provide the reports referred to in Article 16(5) and (6) and 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, and by failing to take all precautionary measures practicable to prevent and minimize leakages of methyl bromide and to define the minimum qualification requirements for the personnel involved in accordance with Artic1e 17(2) of the Regulation, Ireland had failed to fulfill its obligations under Article 16(5) and (6) and Article 17(1) and (2) of the Regulation. In support of its action, the Commission submitted, inter alia, that as at 31 December 2001 it had not received from Ireland information on the quantities of ozone-depleting substances recovered, reclaimed, recycled and destroyed. The Irish Government explained the delay by reference to the complexity of the obligations imposed by the Regulation, and pointed out certain steps already taken in order to comply as soon as possible with its obligations under Article 16(5) and (6) and Article 17(1) and (2) of the Regulation. The Court noted that, in accordance with the Court’s settled case-law, the complexity of Community legislation which a Member State had taken part in drafting could not be considered an unusual and unforeseeable difficulty which the authorities in that State could not have overcome even by exercising all due care. Also, the Court had repeatedly held that a State could not plead internal circumstances in order to justify a failure to comply with obligations and time-limits resulting from Community law. In the present case, the difficulties encountered by Ireland could be invoked to justify its failure to fulfill its obligations. It held, thus, that Ireland had failed to fulfill its obligations under the said Regulation.