(Case C-443/18)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: B. Eggers, D. Bianchi, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

(1)find that the Italian Republic

—by failing to ensure, in the containment area, the immediate removal of at least all the plants which have been found to be infected by Xylella fastidiosa if situated in the infected zone within a distance of 20 km of the border of that infected zone with the rest of the territory of the Union, has failed to meet its obligations under Article 7(2)(c) of Implementing Decision (EU) 2015/789;

—by failing to ensure, in the containment area, the monitoring of the presence of Xylella fastidiosa by annual surveys at appropriate times of the year, has failed to meets its obligations under Article 7(7) of Implementing Decision (EU) 2015/789;

—by also continuously failing to intervene immediately to prevent the spread of Xylella fastidiosa, by successive infringement of the specific obligations referred to in Decision (EU) 2015/789 concerning the respective affected areas, which allowed the further spread of the disease, has failed to meet its obligations under Article 6(2), (7) and (9) and Article 7(2)(c) and (7) of Implementing Decision (EU) 2015/789, its obligations under Article 16(1) of Directive 200/29/EC and the obligation of sincere cooperation as set out in Article 4(3) of the Treaty on European Union;

(2)order the Italian Republic to pay the costs.

Pleas in law and main arguments

The evidence in the Commission’s possession, which is based on the information provided by the Italian Republic, the audits carried out by the Commission and the scientific opinions of EFSA and of other bodies, reveal late inspections, considerable delays and deficiencies in the removal of the plants found to be infected, not only up to the date the reasoned opinion was delivered but even up to the date on which the present action was brought. The Commission therefore considers that Italy’s persistent and general non-compliance with the obligation to prevent the spread of the disease under the articles mentioned above has been established.

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(1) Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (notified under document C(2015) 3415) (OJ 2015 L 125, p. 36)

(2) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ 2000 L 169, p. 1)