Case C-186/23: Action brought on 23 March 2023 — European Commission v Republic of Bulgaria
Date: 2023-03-23
Institutions: Court of Justice
Subjects: copyright, digital single market, digital technology, directive (EU), national implementing measure, sanction (EU)








C_2023179EN.01001901.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/19






Action brought on 23 March 2023 — European Commission v Republic of Bulgaria
(Case C-186/23)
(2023/C 179/29)
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: Gr. Koleva and J. Samnadda, acting as Agents)

Defendant: Republic of Bulgaria

Pleas in law and main arguments

Directive (EU) 2019/790 (1) of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC lays down rules which aim to harmonise further Union law applicable to copyright and related rights in the framework of the internal market, taking into account, in particular, digital and cross-border uses of protected content. It also lays down rules on exceptions and limitations to copyright and related rights, on the facilitation of licences, as well as rules which aim to ensure a well-functioning marketplace for the exploitation of works and other subject matter. Article 29 of that directive stipulates 7 June 2021 as the time limit for the Member States to transpose the directive. Paragraph 2 of that article states that ‘Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive’.
On 23 July 2022, the Commission sent the Republic of Bulgaria a letter of formal notice and, on 19 May 2022, a reasoned opinion. Despite this, the measures transposing the directive were still not adopted or in any event were not notified to the Commission.

Form of order sought

The applicant claims that the Court should:






1.


declare that by failing to adopt the necessary legislative, regulatory or administrative measures, necessary to comply with Directive (ЕU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (‘the directive’) and by failing to notify them to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under Article 29 of the directive;










2.


order the Republic of Bulgaria to pay the Commission a lump sum payment corresponding to the higher of the following two amounts: (i) a daily sum of EUR 1 800, multiplied by the number of days between the day following the expiry of the time limit for transposition, laid down in the directive, and the day on which the infringement was resolved, or, if the infringement has not been resolved, the day on which the ruling is handed down in the present proceedings; (ii) a minimum lump sum payment of EUR 504 000;










3.


in the event that the failure to fulfil the obligations referred to in point 1 continues up to the date of delivery of the ruling in the present proceedings, order the Republic of Bulgaria to make a periodic penalty payment to the Commission in the amount of EUR 10 800 per day for each day of delay from the date of the ruling in the present proceedings until that Member State has fulfilled its obligations in accordance with the directive;










4.


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






(1)  OJ 2019 L 130, p. 92.