(Case C-434/18)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: M. Patakia and G. Gattinara, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

—find that, by not having sent its national programme for the management of spent nuclear fuel and radioactive waste to the Commission, the Italian Republic has failed to fulfil its obligation under Article 15(4), in conjunction with Article 13(1), of Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste. (1)

—order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 15(4), in conjunction with Article 13(1), of Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste establishes that Member States are to notify the Commission for the first time ‘as soon as possible’, but not later than 23 August 2015, of the content of their national programmes regarding all items set out in Article 12 of the directive.

The Commission claims that it is apparent from the information provided by the Italian Republic during the pre-litigation stage that that notification never took place, in as much as the Italian authorities have not yet sent the Commission the final text of the national programme adopted for the management of spent nuclear fuel and radioactive waste.

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(1) OJ 2011 L 199, p 48.