CELEX: 62019CN0257
Language: en
Date: 2019-03-26 00:00:00
Title: Case C-257/19: Action brought on 26 March 2019 — European Commission v Ireland

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/31
            
         
      Action brought on 26 March 2019 — European Commission v Ireland
      (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:
      
      
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                  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;
               
            
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                  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.