# C_2021072EN.01000201.xml

| 1.3.2021 | EN | Official Journal of the European Union | C 72/2 |
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1.3.2021

EN

Official Journal of the European Union

C 72/2

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Judgment of the Court (Third Chamber) of 13 January 2021 — European Commission v Republic of Slovenia

(Case C-628/18) (1)

(Failure of a Member State to fulfil obligations - Article 258 TFEU - Market in financial instruments - Directives 2014/65/EU and (EU) 2016/1034 - Failure to transpose and/or to notify transposition measures - Article 260(3) TFEU - Application for an order to pay a lump sum)

(2021/C 72/02)

Language of the case: Slovenian

Parties

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

Defendant: Republic of Slovenia (represented by: T. Mihelič Žitko, A. Dežman Mušič and N. Pintar Gosenca, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: S. Eisenberg, acting as Agent), Republic of Estonia (represented by: N. Grünberg, acting as Agent), Republic of Austria (represented by: G. Hesse, acting as Agent), Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt or, in any event, by failing to notify to the European Commission, by the expiry of the period prescribed in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply 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, as amended by Directive (EU) 2016/1034 of the European Parliament and of the Council of 23 June 2016, the Republic of Slovenia has failed to fulfil its obligations under Article 93 of Directive 2014/65, as amended by Directive 2016/1034; |
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1.

Declares that, by failing to adopt or, in any event, by failing to notify to the European Commission, by the expiry of the period prescribed in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply 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, as amended by Directive (EU) 2016/1034 of the European Parliament and of the Council of 23 June 2016, the Republic of Slovenia has failed to fulfil its obligations under Article 93 of Directive 2014/65, as amended by Directive 2016/1034;

| 2. | Orders the Republic of Slovenia to pay the European Commission a lump sum in the amount of EUR 750 000; |
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2.

Orders the Republic of Slovenia to pay the European Commission a lump sum in the amount of EUR 750 000;

| 3. | Orders the Republic of Slovenia to bear its own costs and to pay those incurred by the European Commission; |
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3.

Orders the Republic of Slovenia to bear its own costs and to pay those incurred by the European Commission;

| 4. | Orders the Federal Republic of Germany, the Republic of Estonia, the Republic of Austria and the Republic of Poland to bear their own costs. |
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4.

Orders the Federal Republic of Germany, the Republic of Estonia, the Republic of Austria and the Republic of Poland to bear their own costs.

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(1)  OJ C 427, 26.11.2018.

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