17.6.2019

EN

Official Journal of the European Union

C 206/31

(Case C-257/19)

(2019/C 206/36)

Language of the case: English

Parties

Applicant: European Commission (represented by: S. L. Kalėda, N. Yerrell, Agents)

Defendant: Ireland

The applicant claims that the Court should:

—declare that by failing to provide for an investigative body which is independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it, Ireland has failed to fulfil its obligations under Article 8(1) of Directive 2009/18/EC (1) of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council;

—order Ireland to pay the costs.

Pleas in law and main arguments

According to Article 8(1) of Directive 2009/18/EC, Member States must ensure that safety investigations into very serious marine casualties are conducted under the responsibility of an impartial permanent investigative body. In order to carry out a safety investigation in an unbiased manner, Article 8(1) requires the investigative body to be independent in its organisation, legal structure and decision-making of any party whose interests could conflict with the task entrusted to it.

The Commission considers that this requirement is not satisfied by the Marine Casualty Investigation Board set up by Ireland, on the grounds that two of its five members also have general regulatory and enforcement responsibilities in relation to the maritime safety of vessels flying the Irish flag and safety inspections in Irish waters.

(1) OJ 2009, L 131, p. 114.

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Language of the case: English