# C_2022326EN.01001401.xml

| 29.8.2022 | EN | Official Journal of the European Union | C 326/14 |
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29.8.2022

EN

Official Journal of the European Union

C 326/14

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Action brought on 7 July 2022 — European Commission v Portuguese Republic

(Case C-449/22)

(2022/C 326/21)

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: P. Caro de Sousa, U. Małecka, L. Malferrari and E. Manhaeve, Agents)

Defendant: Portuguese Republic

Form of order sought

The European Commission claims that the Court should:

| — | declare that the Portuguese Republic has failed to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (EECC), by 21 December 2020, or, in any event, has failed to communicate those rules to the Commission, thereby failing to fulfil its obligations under Article 124(1) of that directive; |
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declare that the Portuguese Republic has failed to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (EECC), by 21 December 2020, or, in any event, has failed to communicate those rules to the Commission, thereby failing to fulfil its obligations under Article 124(1) of that directive;

| — | order the Portuguese Republic to pay a fixed daily amount of EUR 5 181,3 from 22 December 2020 until the Portuguese Republic has fulfilled its obligation or the date of delivery of the judgment in terms of Article 260(3) TFEU, for an amount of at least EUR 1 286 000; |
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order the Portuguese Republic to pay a fixed daily amount of EUR 5 181,3 from 22 December 2020 until the Portuguese Republic has fulfilled its obligation or the date of delivery of the judgment in terms of Article 260(3) TFEU, for an amount of at least EUR 1 286 000;

| — | order the Portuguese Republic to pay a daily penalty payment of EUR 23 307,3 from the date of delivery of the judgment until the Portuguese Republic fulfils its obligation; |
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order the Portuguese Republic to pay a daily penalty payment of EUR 23 307,3 from the date of delivery of the judgment until the Portuguese Republic fulfils its obligation;

| — | order the Portuguese Republic to pay the costs. |
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order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Directive (EU) 2018/1972 (1) of the European Parliament and of the Council of 11 December 2018 establishes the European Electronic Communications Code (‘the EECC’). That directive ought to have been transposed into the Portuguese legal order by 21 December 2020, and the Portuguese Republic ought to have communicated to the Commission the transposition measures adopted.

On 3 February 2021, the Commission sent a letter of formal notice to the Portuguese Republic and, subsequently, a reasoned opinion on 23 September 2021. The Portuguese Republic has still not adopted the laws, regulations and administrative provisions necessary to comply with Directive 2018/1972 or, in any event, informed the Commission of the adoption of those rules.

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(1)  OJ 2018 L 321, p. 36.

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