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:

Declares that the Italian Republic,

—

by failing to ensure, in the containment area, the immediate removal of at least all plants which have been found to be infected by Xylella fastidiosa if they are situated within a distance of 20 km from the border of the infected zone with the rest of the Union territory, has failed to fulfil its obligations under Article 7(2)(c) of Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.), as amended by Commission Implementing Decision (EU) 2016/764 of 12 May 2016, and

—	by failing to ensure, in the containment area, that the presence of Xylella fastidiosa was monitored by carrying out annual surveys at appropriate times during the year, has failed to fulfil its obligations under Article 7(7) of the implementing decision;

2.	Dismisses the remainder of the action;

3.	Orders the European Commission and the Italian Republic to bear their own costs.

(1) OJ C 294, 20.8.2018.