# C_2018352EN.01001701.xml

| 1.10.2018 | EN | Official Journal of the European Union | C 352/17 |
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1.10.2018

EN

Official Journal of the European Union

C 352/17

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Action brought on 29 June 2018 — European Commission v Kingdom of Spain

(Case C-430/18)

(2018/C 352/22)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: T. Scharf, J. Rius, G. von Rintelen, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court of Justice should:

| — | Declare that, by failing to adopt, by 18 September 2016, all of the laws, regulations and administrative provisions necessary to comply with Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (1), or in any case, by failing to notify those measures to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 29(1) of that directive; |
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Declare that, by failing to adopt, by 18 September 2016, all of the laws, regulations and administrative provisions necessary to comply with Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (1), or in any case, by failing to notify those measures to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 29(1) of that directive;

| — | Impose on the Kingdom of Spain, in accordance with Article 260(3) TFEU, a daily penalty payment of EUR 48 919,20, with effect from the date of delivery of the judgment declaring the failure to fulfil the obligation to adopt or, in any case, to notify to the Commission, the measures necessary to comply with Directive 2014/92/EU; |
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Impose on the Kingdom of Spain, in accordance with Article 260(3) TFEU, a daily penalty payment of EUR 48 919,20, with effect from the date of delivery of the judgment declaring the failure to fulfil the obligation to adopt or, in any case, to notify to the Commission, the measures necessary to comply with Directive 2014/92/EU;

| — | Order the Kingdom of Spain to pay the costs. |
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Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

In accordance with Article 29(1) of Directive 2014/92/EU, the Member States were required to adopt and publish, by 18 September 2016 at the latest, the laws, regulations and administrative provisions necessary to comply with that directive, and notify those measures to the Commission.

Given that the Kingdom of Spain has failed to transpose Directive 2014/92/EU in full and notify the transposition measures to the Commission, the Commission decided to bring the present action before the Court of Justice.

The Commission suggests that a daily penalty payment of EUR 48 919,20 be imposed on the Kingdom of Spain, with effect from the date of delivery of the judgment, calculated on the basis of the seriousness and duration of the infringement and the dissuasive effect with regard to that Member State’s ability to play.

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(1)  OJ 2014 L 257, p. 214

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