do-me/EUR-LEX huggingface dataset:
Case C-76/18: Action brought on 6 February 2018 — European Commission v Republic of Austria
Date: 2018-02-06
Institutions: Court of Justice
Subjects: award of contract, energy demand, infringement procedure (EU), invitation to tender, national implementing measure, postal service, sanction (EU), services of general interest, transport network, water supply








C_2018112EN.01002601.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/26





Action brought on 6 February 2018 — European Commission v Republic of Austria
(Case C-76/18)
(2018/C 112/34)
Language of the case: German

Parties


Applicant: European Commission (represented by: G. von Rintelen, P. Ondrůšek and M. Noll-Ehlers, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Directive 2014/25/EU (1) of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC into national law, or by failing to notify the Commission of those provisions, the defendant has failed to fulfil its obligations under that directive;










—


impose on the defendant, pursuant to Article 260(3) TFEU, by reason of the infringement of the obligation to notify the transposition measures, a penalty payment in the amount of EUR 42 377 per day;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The Member States were required, under Article 106(1) of Directive 2014/25/EU, to adopt the national measures necessary to transpose the obligations under that directive into national law by 18 April 2016 at the latest. Since the Republic of Austria failed to adopt all the required laws, regulations and administrative provisions necessary to transpose that directive, or failed to give notification of those provisions to the Commission, the Commission decided to refer the matter to the Court of Justice.
By its application, the Commission asks the Court to impose a penalty payment in the amount of EUR 42 377 per day on the Republic of Austria. The amount of that penalty payment has been calculated taking into account the gravity and duration of the infringement and the deterrent effect based on that Member State’s ability to pay.


(1)  OJ 2014 L 94, p. 243.
Case T-564/18: Order of the General Court of 6 February 2020 — Bernis and Others v ECB
Date: 2018-02-06
Institutions: General Court
Subjects: abuse of power, bank, banking supervision, discretionary power, principle of proportionality, trade licence








C_2020137EN.01005501.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/55






Order of the General Court of 6 February 2020 — Bernis and Others v ECB
(Case T-564/18) (1)

(2020/C 137/86)
Language of the case: English
The President of the Tenth Chamber has ordered that the case be removed from the register.


(1)  OJ C 436, 3.12.2018.