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Case C-313/09: Action brought on 6 August 2009 — Commission of the European Communities v Republic of Austria

ECLI:EU:UNKNOWN:62009CN0313

62009CN0313

January 1, 2009
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24.10.2009

EN

Official Journal of the European Union

C 256/12

(Case C-313/09)

2009/C 256/24

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: F. Erlbacher and M. Adam, acting as Agents)

Defendant: Republic of Austria

Form of order sought

Declare that, by failing to adopt, in full, the laws, regulations and administrative provisions necessary to implement Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (as amended by Commission Directive 2008/53/EC of 30 April 2008 amending Annex IV to Council Directive 2006/88/EC as regards Spring viraemia of carp (SVC)) or by failing to notify the Commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive expired on 1 May 2008.

(1) OJ 2006 L 328, p. 14.

(2) OJ 2008 L 117, p. 27.

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