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Case C-487/18: Action brought on 25 July 2018 — European Commission v Republic of Austria
ECLI:EU:UNKNOWN:62018CN0487
62018CN0487
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17.9.2018
EN
Official Journal of the European Union
C 328/29
(Case C-487/18)
(2018/C 328/39)
Language of the case: German
Parties
Applicant: European Commission (represented by: M. Noll-Ehlers and M. Patakia, acting as Agents)
Defendant: Republic of Austria
Form of order sought
The applicant claims that the Court should:
—declare that, by failing to notify the Commission of its national programme for the management of spent fuel and radioactive waste, the Republic of Austria has infringed its obligations under Article 15(4), 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; (1)
—order the Republic of Austria to pay the costs of the proceedings.
Pleas in law and main arguments
Up to the present, the defendant has merely notified the Commission of a draft national programme. In its replies to the letter of formal notice and the reasoned opinion it explained that the national programme had still to be adopted by the Federal Government, something which had not yet occurred. Only after that adoption would notification of the national programme be possible. However, the defendant has not yet followed up on those announcements. The defendant has thus still not notified a national programme and has failed to fulfil its obligation under Article 15(4), in conjunction with Article 13(1), of the directive.
(1) OJ 2011 L 199, p. 48.