Judgment;Information — ECLI:EU:C:2023:851
Date: 2023-11-09
Language of the case: Swedish
Court formation: Eighth Chamber
Subject matter: Approximation of laws
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Action brought on 31 May 2022 – European Commission v Kingdom of Sweden (Case C-353/22) Language of the case: Swedish Parties Applicant: European Commission (represented by: R. Tricot, P. Carlin and E. Manhaeve, acting as Agents) Defendant: Kingdom of Sweden Form of order sought Declare that the Kingdom of Sweden has failed to fulfil its obligations under Article 2 of Directive (EU) 2017/853 1 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, codified under Directive (EU) 2021/555 2 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Points 6, 7, 8 and 9 in category A, point 8 in category B and point 5 in category C, under the definition in point A of Part II of Annex I to Directive 91/477, as amended by Article 1(19) of Directive 2017/853, Article 5(3) of Directive 91/477, as amended by Article 1(6) of Directive 2017/853, Article 10(1), second paragraph, of Directive 91/477, as amended by Article 1(9) of Directive 2017/853, and Article 10(2) of Directive 91/477, as amended by Article 1(9) of Directive 2017/853, or, in any case, by failing to notify the Commission of such provisions, Order the Kingdom of Sweden to pay the Commission a lump sum of EUR 5 387.90 per day, but not less than EUR 1 909 000, if the failure to fulfil the obligations referred to in the first paragraph is ongoing on the date that a judgment is delivered in these proceedings, and require the Kingdom of Sweden to make a penalty payment to the Commission of EUR 48 454.98 per day from the date of the judgment in these proceedings until the Kingdom of Sweden has complied with its obligations under the directive, and Order the Kingdom of Sweden to pay the costs. Pleas in law and main arguments Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, codified under Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons, is intended to harmonise Member States’ legislation and procedures concerning firearms, to simplify procedures for the acquisition, possession and transfer of firearms, to prevent the unauthorised manufacture and trade of firearms, and to increase the traceability of firearms. Member States were required to transpose the directive by 14 September 2018. The Commission initiated infringement proceedings against Sweden on 22 November 2018. On 26 July 2019 the Commission sent a reasoned opinion to Sweden. Sweden to date has not notified the Commission that it has transposed in full the provisions of the directive into its national law. ____________ 1 OJ 2017 L 137, p. 22 1 OJ 2021 L 115, p. 1