# C_2013260EN.01003801.xml

| 7.9.2013 | EN | Official Journal of the European Union | C 260/38 |
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7.9.2013

EN

Official Journal of the European Union

C 260/38

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Action brought on 17 July 2013 — European Commission v Romania

(Case C-405/13)

2013/C 260/68

Language of the case: Romanian

Parties

Parties

Applicant: European Commission (represented by: P. Hetsch. O. Beynet and L. Nicolae, acting as Agents)

Applicant:

Defendant: Romania

Defendant:

Form of order sought

Form of order sought

| — | Declare that by failing to adopt all the laws, regulations and administrative provisions necessary for the transposition of the provisions in Article 2(1), Article 3(5)(b), (7), (8) and (9)(c), Article 5, Article 7(4), Article 9(1) to (7), Article 10(2) and (5), Article 11(8), Article 13(4) and (5)(b), Article 16(1) and (2), Article 25(1), Article 26(2)(c), Article 31(3), Article 34(2), Article 37(1)(k), (p) and (q), (3)(b) and (d) and (10) to (12), Article 38(1), Article 39(1), (4) and (8) and point I of Annex I to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (1) or in any event failing to notify such measures to the European Commission, Romania has failed to fulfil its obligations under Article 49(1) of the directive; |
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Declare that by failing to adopt all the laws, regulations and administrative provisions necessary for the transposition of the provisions in Article 2(1), Article 3(5)(b), (7), (8) and (9)(c), Article 5, Article 7(4), Article 9(1) to (7), Article 10(2) and (5), Article 11(8), Article 13(4) and (5)(b), Article 16(1) and (2), Article 25(1), Article 26(2)(c), Article 31(3), Article 34(2), Article 37(1)(k), (p) and (q), (3)(b) and (d) and (10) to (12), Article 38(1), Article 39(1), (4) and (8) and point I of Annex I to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (1) or in any event failing to notify such measures to the European Commission, Romania has failed to fulfil its obligations under Article 49(1) of the directive;

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| — | order Romania, in accordance with Article 260(3) TFEU, to pay a penalty of EUR 30 228,84 for each day of delay in complying with its obligation to communicate the measures necessary for the transposition of Directive 2009/72/EC, with effect from the day on which judgment is delivered in the present case; |
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order Romania, in accordance with Article 260(3) TFEU, to pay a penalty of EUR 30 228,84 for each day of delay in complying with its obligation to communicate the measures necessary for the transposition of Directive 2009/72/EC, with effect from the day on which judgment is delivered in the present case;

| — | order Romania to pay the costs. |
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order Romania to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The period for the transposition of the directive into national law expired on 3 March 2011.

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(1)  OJ 2009 L 211, p. 55.

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