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Dokumentum 62018CA0443
Case C-443/18: Judgment of the Court (Fifth Chamber) of 5 September 2019 — European Commission v Republic of Italy (Failure of a Member State to fulfil its obligations – Protection of plant health – Directive 2000/29/EC – Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products – Article 16(1) and (3) – Implementing decision (EU) 2015/789 – Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) – Article 7(2)(c) – Containment measures – Obligation immediately to remove infected plants within a 20-kilometre strip in the infected zone – Article 7(7) – Obligation to monitor – Annual surveys – Article 6(2), (7) and (9) – Eradication measures – Persistent and general failure – Article 4(3) TEU – Obligation of sincere cooperation)
Case C-443/18: Judgment of the Court (Fifth Chamber) of 5 September 2019 — European Commission v Republic of Italy (Failure of a Member State to fulfil its obligations – Protection of plant health – Directive 2000/29/EC – Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products – Article 16(1) and (3) – Implementing decision (EU) 2015/789 – Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) – Article 7(2)(c) – Containment measures – Obligation immediately to remove infected plants within a 20-kilometre strip in the infected zone – Article 7(7) – Obligation to monitor – Annual surveys – Article 6(2), (7) and (9) – Eradication measures – Persistent and general failure – Article 4(3) TEU – Obligation of sincere cooperation)
Case C-443/18: Judgment of the Court (Fifth Chamber) of 5 September 2019 — European Commission v Republic of Italy (Failure of a Member State to fulfil its obligations – Protection of plant health – Directive 2000/29/EC – Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products – Article 16(1) and (3) – Implementing decision (EU) 2015/789 – Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) – Article 7(2)(c) – Containment measures – Obligation immediately to remove infected plants within a 20-kilometre strip in the infected zone – Article 7(7) – Obligation to monitor – Annual surveys – Article 6(2), (7) and (9) – Eradication measures – Persistent and general failure – Article 4(3) TEU – Obligation of sincere cooperation)
OJ C 383, 11.11.2019., 31—31. o.
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.11.2019 |
EN |
Official Journal of the European Union |
C 383/31 |
Judgment of the Court (Fifth Chamber) of 5 September 2019 — European Commission v Republic of Italy
(Case C-443/18) (1)
(Failure of a Member State to fulfil its obligations - Protection of plant health - Directive 2000/29/EC - Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products - Article 16(1) and (3) - Implementing decision (EU) 2015/789 - Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) - Article 7(2)(c) - Containment measures - Obligation immediately to remove infected plants within a 20-kilometre strip in the infected zone - Article 7(7) - Obligation to monitor - Annual surveys - Article 6(2), (7) and (9) - Eradication measures - Persistent and general failure - Article 4(3) TEU - Obligation of sincere cooperation)
(2019/C 383/33)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: B. Eggers and D. Bianchi, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and S. Fiorentino and G. Caselli, avvocati dello Stato)
Operative part of the judgment
The Court:
1. |
Declares that the Italian Republic,
|
2. |
Dismisses the remainder of the action; |
3. |
Orders the European Commission and the Italian Republic to bear their own costs. |