CELEX: 62009CN0355
Language: en
Date: 2009-09-03 00:00:00
Title: Case C-355/09: Action brought on 3 September 2009 — Commission of the European Communities v Ireland

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/16
            
         Action brought on 3 September 2009 — Commission of the European Communities v Ireland
   (Case C-355/09)
   2009/C 256/30
   Language of the case: English
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: P. Oliver, A.-A. Gilly, Agents)
   
      Defendant: Ireland
   
      The applicant claims that the Court should:
   
   
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               Declare that, by failing to adopt national measures necessary to implement Articles 10 and 12 of Regulation (EC) No 273/2004 (1), by failing to communicate those measures pursuant to Article 16 of that Regulation and by failing to adopt the national measures necessary to implement Articles 26(3) and 31 of Regulation (EC) No 111/2005 (2), Ireland has failed to fulfil its obligations under Regulation (EC) No 273/2004 on drug precursors and Regulation (EC) No 111/2005 laying down the rules for the monitoring of trade between the Community and third countries in drug precursors;
            
         
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               order Ireland to pay the costs.
            
         
      Pleas in law and main arguments
   
   Member States are required to adopt the measures necessary to comply with the provisions of Regulations, within the time limits laid down in those Regulations, and to notify those measures forthwith to the Commission. The Government of Ireland has failed to adopt and communicate the measures required to implement Articles 10, 12 and 16 of Regulation (EC) no 273/2004 on drug precursors. The Government of Ireland has also failed to adopt measures in accordance with articles 26(3) and 31 of regulation (EC) no 111/2005 laying down the rules for the monitoring of trade between the Community and third countries in drug precursors.
   
      (1)  Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors
   OJ L 47, p. 1
   
      (2)  Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors
   OJ L 22, p. 1