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Case C-481/18: Action brought on 23 July 2018 — European Commission v Italian Republic

ECLI:EU:UNKNOWN:62018CN0481

62018CN0481

July 23, 2018
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Valentina R., lawyer

17.9.2018

EN

Official Journal of the European Union

C 328/29

(Case C-481/18)

(2018/C 328/38)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: A. Szmytkowska and C. Sjödin, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2012/39/EU of 26 November 2012 amending Directive 2006/17/EC as regards certain technical requirements for the testing of human tissues and cells (1) or, in any event, by failing to notify those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 2(1) of Directive 2012/39/EU;

order the Italian Republic to pay the costs.

Pleas in law and main arguments

Member States were required, under Article 2(1) of Directive 2012/39/EU, to adopt, by 17 June 2014, the national measures necessary to transpose the obligations under that directive into national law. Since the Italian Republic failed to adopt the laws, regulations and administrative provisions necessary to transpose that directive, or failed to notify those provisions to the Commission, the Commission has decided to refer the matter to the Court of Justice.

(1) OJ 2012 L 327, p. 24.

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