Language of document :

Action brought on 26 February 2021 – European Commission v Ireland

(Case C-125/21)

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 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union1 or, in any event, by failing to notify such provisions to the Commission, Ireland has failed to fulfil its obligations under Article 29(1) and (2) of that Framework Decision;

order Ireland to pay the costs.

Pleas in law and main arguments

According to Articles 29(1) and (2) of Framework Decision 2008/909/JHA, Member States were to take the measures necessary to comply with the provisions of this Framework Decision by 5 December 2011 and to notify such measures to the Commission.

The Commission considers that Ireland has infringed its obligations under Article 29(1) and (2) of the Council Framework Decision 2008/909/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.

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1 OJ 2008, L 327, p. 27.