Official Journal of the European Union

C 255/7

(Case C-33/19) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Railway safety - Directive 2004/49/EC - Article 21(1) and (2) - Failure to adopt the provisions necessary to ensure the organisational independence of the investigating body and its autonomous access to sufficient resources)

(2020/C 255/07)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: C. Vrignon, C. Georgieva-Kecsmar and J. Hottiaux, acting as Agents)

Defendant: Republic of Bulgaria (represented by: L. Zaharieva and E. Petranova, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt the measures necessary to ensure the organisational independence of the investigating body from the manager of the railway infrastructure controlled by the Minister for Transport, Information Technology and Communications and the independence of that body from that manager as regards access to the resources necessary for the performance of its tasks, the Republic of Bulgaria has failed to fulfil its obligations under Article 21, paragraphs 1 and 2 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive);

2.Orders the Republic of Bulgaria to pay the costs.

(<span class="oj-super">1</span>) OJ C 122, 1.4.2019.