Title:
Gianni Bettati v. Safety Hi-Tech Srl
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
July 14, 1998
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
G.C.
Rodríguez Iglesias, C.
Gulmann, H.
Ragnemalm, H.
Wathelet, G.F
Mancini, J.C
Moitinho de Almeida
Léger,
Ioannou (Rapporteur), K.M.
Sevón, L.
Jann,, P.
Edward,, D.A.O.
Kapteyn,, P.J.G.
Reference number:
C-341/95
Abstract:
Article 130r(1) of the Treaty authorises the adoption of measures relating solely to certain specified aspects of the environment, provided that such measures contribute to the preservation, protection and improvement of the quality of the environment. In Case 302/86 Commission v Denmark, the Court held that protection of the environment is an imperative requirement which may limit the application of Article 30 of the Treaty. As is clear from the objective of the Regulation and from the considerations set out in this judgment, a prohibition on the use and marketing of HCFCs which is designed to protect the ozone layer cannot be regarded as disproportionate to the aim pursued. Therefore, Council Regulation 3093/94 on substances that deplete the ozone layer is valid.