# C_2018083EN.01001701.xml

| 5.3.2018 | EN | Official Journal of the European Union | C 83/17 |
| --- | --- | --- | --- |

5.3.2018

EN

Official Journal of the European Union

C 83/17

---

Action brought on 16 January 2018 — European Commission v Republic of Bulgaria

(Case C-27/18)

(2018/C 083/24)

Language of the case: Bulgarian

Parties

Parties

Applicant: European Commission (represented by: J. Samnadda, Y. Marinova and G. von Rintelen, acting as Agents)

Applicant:

Defendant: Republic of Bulgaria

Defendant:

Form of order sought

Form of order sought

The Commission claims that the Court should:

| — | declare that, by failing to adopt, by 10 April 2016 at the latest, the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/26/EU
   (1)
  of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72), or in any event, by failing to notify the Commission of such provisions, the Republic of Bulgaria has failed to fulfil its obligations under Article 43(1) of that directive; |
| --- | --- |

—

declare that, by failing to adopt, by 10 April 2016 at the latest, the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/26/EU
   (1)
  of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72), or in any event, by failing to notify the Commission of such provisions, the Republic of Bulgaria has failed to fulfil its obligations under Article 43(1) of that directive;

Directive 2014/26/EU

1

of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market

| — | order the Republic of Bulgaria, pursuant to Article 260(3) TFEU, to pay a penalty payment, in view of its failure to fulfil its obligation to notify the Commission of the measures transposing Directive 2014/26/EU, in the amount of EUR 19 121,60 per day, calculated as from the date of delivery of the judgment upholding the application; |
| --- | --- |

—

order the Republic of Bulgaria, pursuant to Article 260(3) TFEU, to pay a penalty payment, in view of its failure to fulfil its obligation to notify the Commission of the measures transposing Directive 2014/26/EU, in the amount of EUR 19 121,60 per day, calculated as from the date of delivery of the judgment upholding the application;

| — | order the Republic of Bulgaria to pay the costs relating to the proceedings. |
| --- | --- |

—

order the Republic of Bulgaria to pay the costs relating to the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | Under Article 43(1) of Directive 2014/26/EU, Member States were required to bring into force the laws, regulations and administrative provisions necessary to ensure compliance with the directive by 10 April 2016 and immediately to inform the Commission thereof. In view of the failure to notify the national measures transposing the directive, the Commission has decided to bring the matter before the Court of Justice. |
| --- | --- |

1.

Under Article 43(1) of Directive 2014/26/EU, Member States were required to bring into force the laws, regulations and administrative provisions necessary to ensure compliance with the directive by 10 April 2016 and immediately to inform the Commission thereof. In view of the failure to notify the national measures transposing the directive, the Commission has decided to bring the matter before the Court of Justice.

| 2. | In its application the Commission proposes that the Republic of Bulgaria be ordered to pay a periodic penalty payment in the amount of EUR 19 121,60 per day. The amount of that periodic penalty payment has been calculated by taking into account the serious nature and duration of the infringement, and the deterrent effect, in the light of that Member State’s ability to pay. |
| --- | --- |

2.

In its application the Commission proposes that the Republic of Bulgaria be ordered to pay a periodic penalty payment in the amount of EUR 19 121,60 per day. The amount of that periodic penalty payment has been calculated by taking into account the serious nature and duration of the infringement, and the deterrent effect, in the light of that Member State’s ability to pay.

---

(1)  OJ 2014 L 84, p. 72.

1

---