(Case C-391/18)

Language of the case: Croatian

Parties

Applicant: European Commission (represented by: M. Mataija and M. Patakia, acting as Agents)

Defendant: Republic of Croatia

Form of order sought

The applicant claims that the Court should:

—declare that the Republic of Croatia has failed to fulfil its obligations under Article 15(4), read in conjunction with Article 13(1), of Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ 2011 L 199, p. 48) by failing to notify the Commission of its national programme for the management of spent fuel and radioactive waste;

—order the Republic of Croatia to pay the costs.

Pleas in law and main arguments

Under Article 13(1) of Directive 2011/70/Euratom, Member States are required to notify the Commission of their national programmes for the management of spent fuel and radioactive waste and of any subsequent significant changes, and, under Article 15(4) of that directive, Member States were required, for the first time, to notify the Commission of the content of their national programme as soon as possible, but not later than 23 August 2015.

The Republic of Croatia has failed to adopt a national programme such as that referred to in the abovementioned provisions and, in any event, has failed to notify it to the Commission. Thus, the Republic of Croatia has failed to fulfil its obligations under Article 15(4), read in conjunction with Article 13(1), of Directive 2011/70/Euratom.