# C_2016027EN.01002201.xml

| 25.1.2016 | EN | Official Journal of the European Union | C 27/22 |
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Action brought on 17 November 2015 — European Commission v Czech Republic

(Case C-606/15)

(2016/C 027/26)

Language of the case: Czech

Parties

Applicant: European Commission (represented by: Z. Malůšková, J. Hottiaux, acting as Agents)

Defendant: Czech Republic

Form of order sought

| — | declare that:
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by entrusting to the investigating body the function of supervision of the railway system, the Czech Republic has failed to fulfil its obligations under Article 19(1) of Directive 2004/49/EC; —
by failing to ensure that the investigating body starts its investigation no later than one week after receipt of the report of an accident or incident, the Czech Republic has failed to fulfil its obligations under Article 21(3) of Directive 2004/49/EC; —
by failing to ensure that the final report of its investigation is communicated to the relevant parties referred to in Article 22(3) of Directive 2004/49/EC, the Czech Republic has failed to fulfil its obligations under Article 23(2) of Directive 2004/49/EC; —
by failing to ensure that the investigating body addresses safety recommendations to the safety authority, the Czech Republic has failed to fulfil its obligations under the first sentence of Article 25(2) of Directive 2004/49/EC; —
by failing to lay down an obligation of the safety authority to take measures to ensure that safety recommendations are duly taken into consideration and acted upon, the Czech Republic has failed to fulfil its obligations under the second sentence of Article 25(2) of Directive 2004/49/EC; —
by failing to lay down an obligation of the safety authority to report back at least annually on measures that are taken or planned as a consequence of safety recommendations, the Czech Republic has failed to fulfil its obligations under Article 25(3) of Directive 2004/49/EC; | — | by entrusting to the investigating body the function of supervision of the railway system, the Czech Republic has failed to fulfil its obligations under Article 19(1) of Directive 2004/49/EC; | — | by failing to ensure that the investigating body starts its investigation no later than one week after receipt of the report of an accident or incident, the Czech Republic has failed to fulfil its obligations under Article 21(3) of Directive 2004/49/EC; | — | by failing to ensure that the final report of its investigation is communicated to the relevant parties referred to in Article 22(3) of Directive 2004/49/EC, the Czech Republic has failed to fulfil its obligations under Article 23(2) of Directive 2004/49/EC; | — | by failing to ensure that the investigating body addresses safety recommendations to the safety authority, the Czech Republic has failed to fulfil its obligations under the first sentence of Article 25(2) of Directive 2004/49/EC; | — | by failing to lay down an obligation of the safety authority to take measures to ensure that safety recommendations are duly taken into consideration and acted upon, the Czech Republic has failed to fulfil its obligations under the second sentence of Article 25(2) of Directive 2004/49/EC; | — | by failing to lay down an obligation of the safety authority to report back at least annually on measures that are taken or planned as a consequence of safety recommendations, the Czech Republic has failed to fulfil its obligations under Article 25(3) of Directive 2004/49/EC; |
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| — | by entrusting to the investigating body the function of supervision of the railway system, the Czech Republic has failed to fulfil its obligations under Article 19(1) of Directive 2004/49/EC; | | | | | | | | | | | | |
| — | by failing to ensure that the investigating body starts its investigation no later than one week after receipt of the report of an accident or incident, the Czech Republic has failed to fulfil its obligations under Article 21(3) of Directive 2004/49/EC; | | | | | | | | | | | | |
| — | by failing to ensure that the final report of its investigation is communicated to the relevant parties referred to in Article 22(3) of Directive 2004/49/EC, the Czech Republic has failed to fulfil its obligations under Article 23(2) of Directive 2004/49/EC; | | | | | | | | | | | | |
| — | by failing to ensure that the investigating body addresses safety recommendations to the safety authority, the Czech Republic has failed to fulfil its obligations under the first sentence of Article 25(2) of Directive 2004/49/EC; | | | | | | | | | | | | |
| — | by failing to lay down an obligation of the safety authority to take measures to ensure that safety recommendations are duly taken into consideration and acted upon, the Czech Republic has failed to fulfil its obligations under the second sentence of Article 25(2) of Directive 2004/49/EC; | | | | | | | | | | | | |
| — | by failing to lay down an obligation of the safety authority to report back at least annually on measures that are taken or planned as a consequence of safety recommendations, the Czech Republic has failed to fulfil its obligations under Article 25(3) of Directive 2004/49/EC; | | | | | | | | | | | | |

| — | order the Czech Republic to pay the costs. |
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Pleas in law and main arguments

In support of its application, the Commission puts forward the following arguments:

The Czech Republic did not, by 30 June 2015, when the period prescribed in the reasoned opinion expired, communicate any amendment to its national legislation to ensure its compliance with Articles 19(1), 21(3), 23(2) and 25(2) and (3) of Directive 2004/49/EC.( 1 )

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( 1 )  Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ 2004 L 164, p. 44, corrigendum OJ 2004 L 220, p. 16).

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