# C_2018427EN.01003201.xml

| 26.11.2018 | EN | Official Journal of the European Union | C 427/32 |
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26.11.2018

EN

Official Journal of the European Union

C 427/32

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Action brought on 5 October 2018 — European Commission v Republic of Slovenia

(Case C-628/18)

(2018/C 427/41)

Language of the case: Slovene

Parties

Applicant: European Commission (represented by: T. Scharf, G. von Rintelen and B. Rous Demiri)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:

| — | declare that, by not having adopted (all) of the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, and with Directive (EU) 2016/1034 of the European Parliament and of the Council of 23 June 2016 amending Directive 2014/65/EU on markets in financial instruments, or by not having notified the Commission of the adoption of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 93 of Directive 2014/65/EU, as amended by Article 1 of Directive (EU) 2016/1034; |
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declare that, by not having adopted (all) of the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, and with Directive (EU) 2016/1034 of the European Parliament and of the Council of 23 June 2016 amending Directive 2014/65/EU on markets in financial instruments, or by not having notified the Commission of the adoption of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 93 of Directive 2014/65/EU, as amended by Article 1 of Directive (EU) 2016/1034;

| — | order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to pay a per diem penalty payment of EUR 7 224 from delivery of the judgment in the present case, for failure to fulfil its obligation to notify the measures transposing Directives 2014/65/EU and 2016/1034/EU; |
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order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to pay a per diem penalty payment of EUR 7 224 from delivery of the judgment in the present case, for failure to fulfil its obligation to notify the measures transposing Directives 2014/65/EU and 2016/1034/EU;

| — | order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to pay a per diem lump sum of EUR 1 978 multiplied by the number of days for which the infringement has persisted, for a minimum lump sum payment of EUR 496 000; and |
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order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to pay a per diem lump sum of EUR 1 978 multiplied by the number of days for which the infringement has persisted, for a minimum lump sum payment of EUR 496 000; and

| — | order the Republic of Slovenia to pay the costs. |
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order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

Pursuant to Article 93 of Directive 2014/65/EU, as amended by Article 1 of Directive 2016/1034/EU, the Member States were required to adopt and publish, by 3 July 2017, the provisions necessary to ensure compliance with the aforementioned directive and forthwith to communicate those provisions to the Commission. As the Republic of Slovenia did not, within that deadline, communicate to the Commission the measures transposing those directives, the Commission has decided to bring an action before the Court of Justice.

By its action, the Commission claims that the Court should order the Republic of Slovenia to pay a lump sum and a per diem penalty payment.

The period for transposing the directive expired on 3 July 2017.

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