Case C-679/22: Action brought on 4 November 2022 — European Commission v Ireland
Date: 2022-11-04
Institutions: Court of Justice
Subjects: audiovisual industry, audiovisual production, broadcasting, infringement of EU law, national implementing measure, provision of services, services of general interest, television








C_2023045EN.01000801.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/8






Action brought on 4 November 2022 — European Commission v Ireland
(Case C-679/22)
(2023/C 45/14)
Language of the case: English

Parties


Applicant: European Commission (represented by: U. Małecka, L. Malferrari, E. Manhaeve, L. Armati, Agents)

Defendant: Ireland

The applicant claims that the Court should:







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declare that, by failing to adopt (all) the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1808 (1) of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU (2) on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities; or, in any event, by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under Article 2 of the Directive;










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order Ireland to pay to the Commission a lump sum based on a daily amount of EUR 5 544,9 per day with the minimum lump sum of EUR 1 376 000.










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if the failure to fulfil obligations found in paragraph 1 has continued until the date of delivery of the judgment in the present proceedings, order Ireland to pay to the Commission a penalty payment of EUR 33 257,2 per day from the date of the judgment in the present proceedings to the date of compliance with its obligations under the Directive; and










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order Ireland to pay the costs.





Pleas in law and main arguments

Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amends Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities. Both the 2010 and 2018 Directives harmonise national legislation concerning audiovisual media traditional TV broadcasts and on-demand services. The 2018 Directive provides rules to shape technological developments and creates a level playing field for emerging audiovisual media.
By letter of 20 November 2020, the Commission addressed a letter of formal notice in circumstances where the Commission had not received from Ireland any notification concerning the adoption of the necessary provisions to comply with the Directive. By letter of 23 September 2021, in the absence of any further notification regarding the transposition of the Directive, the Commission sent a reasoned opinion to Ireland. Nevertheless, the transposing measures have not yet been adopted by Ireland and, in any event, they have not been notified to the Commission.


(1)  OJ 2018, L 303, p. 69.

(2)  Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ 2010, L 95, p. 1).