# C_2021138EN.01000601.xml

| 19.4.2021 | EN | Official Journal of the European Union | C 138/6 |
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19.4.2021

EN

Official Journal of the European Union

C 138/6

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Judgment of the Court (Eighth Chamber) of 25 February 2021 — European Commission v Kingdom of Spain

(Case C-658/19) (1)

(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive (EU) 2016/680 - Processing of personal data - Prevention, investigation, detection or prosecution of criminal offences - Failure to transpose and notify the transposition measures - Article 260(3) TFEU - Application for the imposition of a lump sum and a penalty payment)

(2021/C 138/07)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: D. Nardi, G. von Rintelen and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, by the expiry of the period prescribed in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA and, therefore, by failing to notify those measures to the European Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 63 of that directive; |
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1.

Declares that, by failing to adopt, by the expiry of the period prescribed in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA and, therefore, by failing to notify those measures to the European Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 63 of that directive;

| 2. | Declares that, by failing to adopt, by the time the Court examined the facts, the provisions necessary to transpose into its national law the provisions of Directive 2016/680 and, therefore, failing to notify those measures to the Commission, the Kingdom of Spain persisted in its failure to fulfil its obligations; |
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2.

Declares that, by failing to adopt, by the time the Court examined the facts, the provisions necessary to transpose into its national law the provisions of Directive 2016/680 and, therefore, failing to notify those measures to the Commission, the Kingdom of Spain persisted in its failure to fulfil its obligations;

| 3. | Should the infringement established in point 1 persist at the date of delivery of this judgment, orders the Kingdom of Spain to pay the Commission, as from that date and until that Member State has put an end to that infringement, a daily penalty payment of EUR 89 000; |
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3.

Should the infringement established in point 1 persist at the date of delivery of this judgment, orders the Kingdom of Spain to pay the Commission, as from that date and until that Member State has put an end to that infringement, a daily penalty payment of EUR 89 000;

| 4. | Orders the Kingdom of Spain to pay the Commission a lump sum in the amount of EUR 15 000 000; |
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4.

Orders the Kingdom of Spain to pay the Commission a lump sum in the amount of EUR 15 000 000;

| 5. | Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the Commission; |
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5.

Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the Commission;

| 6. | Orders the Republic of Poland to bear its own costs. |
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6.

Orders the Republic of Poland to bear its own costs.

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(1)  OJ C 357, 21.10.2019.

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