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Case C-651/22: Action brought on 17 October 2022 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62022CN0651
62022CN0651
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EN
Official Journal of the European Union
C 463/20
(Case C-651/22)
(2022/C 463/27)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: R. Tricot and B. Rechena, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
—declare that, by failing to adopt, by 6 February 2018 at the latest, the measures necessary to comply in full with Council Directive 2013/59/Euratom (1) of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, and by failing to notify the Commission of those provisions, the Portuguese Republic has failed to fulfil its obligations under Article 106 of that directive.
—order the Portuguese Republic pay the costs.
Pleas in law and main arguments
Council Directive 2013/59/Euratom of 5 December 2013 should have been transposed by 6 February 2018, and the Member States had to notify the Commission of the text of the main provisions of national law which they adopted in the field covered by that directive.
The deadline for transposition of the directive has already expired and, to date, the Commission has not been notified of its transposition in full, nor does it have any other information to enable it to conclude that the Portuguese Republic complied with the obligation to apply the necessary measures. In particular, the Portuguese Republic has still not established a national action plan concerning the long-term risks from radon exposures in dwellings, buildings with public access and workplaces for any source of radon ingress, whether from soil, building materials or water.
The Commission maintains that, by failing to adopt the laws, regulations or administrative provisions necessary to comply in full with Council Directive 2013/59/Euratom of 5 December 2013, transposing it into national law, and by not notifying the Commission of those provisions, the Portuguese Republic has failed to fulfil its obligations under Article 106 of that directive.
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