21.8.2017

EN

Official Journal of the European Union

C 277/28

(Case C-383/17)

(2017/C 277/41)

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: P. Costa de Oliveira and L. Nicolae, Agents)

Defendant: Portuguese Republic

Form of order sought

The applicant claims that the Court should:

—declare that by failing to provide the Commission with any report of the results of the monitoring of every recognised organisation acting on its behalf, the Portuguese Republic fails to fulfil its obligations under Article 9(2) of Directive 2009/15/EC (1) of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations;

—order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Article 9(2) of the Directive clearly lays down that each Member State must, at least on a biennial basis, monitor every recognised organisation acting on its behalf and provide the other Member States and the Commission with a report on the results of such monitoring activities at the latest by 31 March of the year following the year in which the monitoring was carried out.

Since the time limit for transposing the Directive into national law expired on 17 June 2011 in accordance with Article 13(1) of that directive, the Portuguese Republic ought to have provided the first report by 31 March 2013 at the latest, as it could have opted to carry out the first monitoring during 2011 or 2012.

It is now June 2017 and the Portuguese Republic has still not provided a report.

(1) OJ 2009 L 131, p. 47.