24.10.2009   

EN

Official Journal of the European Union

C 256/12


Action brought on 6 August 2009 — Commission of the European Communities v Republic of Austria

(Case C-313/09)

2009/C 256/24

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: F. Erlbacher and M. Adam, acting as Agents)

Defendant: Republic of Austria

Form of order sought

Declare that, by failing to adopt, in full, the laws, regulations and administrative provisions necessary to implement Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1) (as amended by Commission Directive 2008/53/EC of 30 April 2008 amending Annex IV to Council Directive 2006/88/EC as regards Spring viraemia of carp (SVC) (2)) or by failing to notify the Commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive expired on 1 May 2008.


(1)  OJ 2006 L 328, p. 14.

(2)  OJ 2008 L 117, p. 27.