29.8.2009

EN

Official Journal of the European Union

C 205/20

(Case C-207/09)

2009/C 205/35

Language of the case: Slovak

Parties

Applicant: Commission of the European Communities (represented by: K. Simonsson and A. Tokár, Agents, acting as Agents)

Defendant: Slovak Republic

Form of order sought

—Declare that, by using the services of organisations which are not recognised within the meaning of Articles 2 and 4 of Directive 94/57/EC (1) for the purposes of undertaking inspections and surveys provided for in Article 3 of the Directive, the Slovak Republic failed to fulfil its obligations arising under that article;

—order Slovak Republic to pay the costs.

Pleas in law and main arguments

The Slovak Republic used the services of organisations which are not recognised as classification societies within the meaning of Directive 94/57/EC and, according to the Commission’s information, failed to terminate the authorisation given to such organisations. Moreover, since the Slovak Republic has failed to create an appropriate legislative framework to prevent any future authorisation of organisations which are not recognised as classification societies, there is a danger that similar cases of incorrect application of Directive 94/57/EC, such as that forming the subject matter of this action, will be repeated.

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(1) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ 1994 L 319, p. 20).