CELEX: 62021CN0126
Language: en
Date: 2021-02-26 00:00:00
Title: Case C-126/21: Action brought on 26 February 2021 — European Commission v Ireland

26.4.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/11
            
         
      Action brought on 26 February 2021 — European Commission v Ireland
      (Case C-126/21)
      (2021/C 148/15)
      Language of the case: English
      
         Parties
      
      
         Applicant: European Commission (represented by: J. Tomkin, and S. Grünheid, Agents)
      
         Defendant: Ireland
      
         The applicant claims that the Court should:
      
      
                  —
               
               
                  declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (1) or, in any event, by failing to notify such provisions to the Commission, Ireland has failed to fulfil its obligations under Article 27 of that Framework Decision;
               
            
                  —
               
               
                  order Ireland to pay the costs.
               
            
         Pleas in law and main arguments
      
      According to Article 27 of Framework Decision 2009/829/JHA, Member States were to take the necessary measures to comply with the provisions of the Framework Decision by 1 December 2012 and to notify the Commission of such measures.
      The Commission considers that Ireland has infringed its obligations under Article 27 of the Council Framework Decision 2009/829/JHA, by failing to adopt the laws, regulations and administrative provisions necessary to comply with the Framework Decision or, in any event, by failing to notify such provisions to the Commission.
      
         (1)  OJ 2009, L 294, p. 20.