CELEX: 62019CA0257
Language: en
Date: 2020-07-09 00:00:00
Title: Case C-257/19: Judgment of the Court (Fifth Chamber) of 9 July 2020 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Principles governing the investigation of accidents in the maritime transport sector — Directive 2009/18/EC — Article 8(1) — Parties whose interests could conflict with the task entrusted to the investigative body — Members of the investigative body simultaneously performing other functions — Failure to provide for an independent investigative body)

31.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/10
            
         
      Judgment of the Court (Fifth Chamber) of 9 July 2020 — European Commission v Ireland
      (Case C-257/19) (1)
      
      (Failure of a Member State to fulfil obligations - Principles governing the investigation of accidents in the maritime transport sector - Directive 2009/18/EC - Article 8(1) - Parties whose interests could conflict with the task entrusted to the investigative body - Members of the investigative body simultaneously performing other functions - Failure to provide for an independent investigative body)
      (2020/C 287/14)
      Language of the case: English
      
         Parties
      
      
         Applicant: European Commission (represented by: S.L. Kalėda and N. Yerrell, acting as Agents)
      
         Defendant: Ireland (represented by: M. Browne, G. Hodge and A. Joyce, acting as Agents, and by N.J. Travers, Senior Counsel, and B. Doherty, Barrister-at-Law)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by failing to provide for an investigative body which is independent in its organisation and decision-making of any party whose interests could conflict with the task entrusted to that investigative body, Ireland has failed to comply with its obligations under Article 8(1) of Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 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;
               
            
                  2.
               
               
                  Orders Ireland to pay the costs.
               
            
         (1)  OJ C 206, 17.6.2019.