Language of document :

Action brought on 26 February 2021 – European Commission v Ireland

(Case C-126/21)

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 detention1 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.