EN

Official Journal of the European Union

C 303/28

(Case C-384/22)

(2022/C 303/35)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: R. Tricot and E. Sanfrutos Cano, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:

—declare that, by not adopting, by 6 February 2018, all of the laws, regulations and administrative provisions necessary to comply fully with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, (1) or, in any event, by not communicating those provisions to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 106 of that directive.

—order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

In accordance with Article 106 of Directive 2013/59/Euratom, Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 6 February 2018, and to communicate those provisions to the Commission.

Given that the Kingdom of Spain has not yet incorporated all the provisions of Directive 2013/59/Euratom into Spanish legislation or, in any event, has not communicated those provisions to the Commission, as required by Article 106 thereof, the Commission decided, on 9 February 2022, to bring the present action before the Court of Justice for a declaration, under the second paragraph of Article 258 TFEU, that the Kingdom of Spain has failed to fulfil its obligations under Article 106 of Directive 2013/59/Euratom.

(1) OJ 2014 L 13, p. 1.