14.8.2010   

EN

Official Journal of the European Union

C 221/28


Action brought on 11 June 2010 — European Commission v Italian Republic

(Case C-291/10)

()

2010/C 221/45

Language of the case: Italian

Parties

Applicant: European Commission (represented by: M. van Beek and S. Mortoni, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/47/EC (1) of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector or, in any event, by failing to communicate those measures to the Commission, the Italian Republic has failed to fulfil its obligations under Article 5 of that directive;

order the Italian Republic to pay the costs.

Pleas in law and main arguments

The deadline for transposing Directive 2005/47/EC into national law expired on 26 July 2008.


(1)  OJ L 195, 27/07/2005, p. 15.