17.9.2018
EN
Official Journal of the European Union
C 328/29
Action brought on 23 July 2018 — European Commission v Italian Republic
(Case C-481/18)
(2018/C 328/38)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: A. Szmytkowska and C. Sjödin, acting as Agents)
Defendant: Italian Republic
Form of order sought
The applicant claims that the Court should:
—
declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2012/39/EU of 26 November 2012 amending Directive 2006/17/EC as regards certain technical requirements for the testing of human tissues and cells (1) or, in any event, by failing to notify those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 2(1) of Directive 2012/39/EU;
—
order the Italian Republic to pay the costs.
Pleas in law and main arguments
Member States were required, under Article 2(1) of Directive 2012/39/EU, to adopt, by 17 June 2014, the national measures necessary to transpose the obligations under that directive into national law. Since the Italian Republic failed to adopt the laws, regulations and administrative provisions necessary to transpose that directive, or failed to notify those provisions to the Commission, the Commission has decided to refer the matter to the Court of Justice.
(1) OJ 2012 L 327, p. 24.
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