Judgment of the Court (Fifth Chamber) of 9 July 2020 — European Commission v Ireland

(Case C-257/19) (1)

(Failure of a Member State to fulfil obligations - Principles governing the investigation of accidents in the maritime transport sector - Directive 2009/18/EC - Article 8(1) - Parties whose interests could conflict with the task entrusted to the investigative body - Members of the investigative body simultaneously performing other functions - Failure to provide for an independent investigative body)

(2020/C 287/14)

Language of the case: English

Parties

Applicant: European Commission (represented by: S.L. Kalėda and N. Yerrell, acting as Agents)

Defendant: Ireland (represented by: M. Browne, G. Hodge and A. Joyce, acting as Agents, and by N.J. Travers, Senior Counsel, and B. Doherty, Barrister-at-Law)

Operative part of the judgment

The Court:

1.

Declares that, by failing to provide for an investigative body which is independent in its organisation and decision-making of any party whose interests could conflict with the task entrusted to that investigative body, Ireland has failed to comply with its obligations under Article 8(1) of Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council;

2.	Orders Ireland to pay the costs.

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(1)  OJ C 206, 17.6.2019.