Case C-679/22: Judgment of the Court (Ninth Chamber) of 29 February 2024 – European Commission v Ireland (Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1808 – Provision of audiovisual media services – Failure to transpose and to communicate transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum and a penalty payment)
Date: 2024-02-29
Institutions: Court of Justice
Subjects: audiovisual industry, audiovisual production, broadcasting, infringement of EU law, national implementing measure, periodic penalty payment, provision of services, services of general interest, television








C_202402576EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2576


22.4.2024






Judgment of the Court (Ninth Chamber) of 29 February 2024 – European Commission v Ireland


(Case C-679/22)
                (1)

(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive (EU) 2018/1808 - Provision of audiovisual media services - Failure to transpose and to communicate transposition measures - Article 260(3) TFEU - Application for an order to pay a lump sum and a penalty payment)
(C/2024/2576)
Language of the case: English

Parties


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

Defendant: Ireland (represented by: M. Browne, Chief State Solicitor, A. Joyce and D. O’Reilly, acting as Agents, and by B. Doherty, Barrister-at-Law)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, by the expiry of the period laid down in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending 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, and, therefore, by failing to communicate them to the European Commission, Ireland has failed to fulfil its obligations under Article 2 of Directive 2018/1808;










2.


Declares that, by failing to adopt, by the time the Court examined the facts, the provisions necessary to transpose into its national law the provisions of Directive 2018/1808 and, therefore, failing to notify those measures to the Commission, Ireland persisted in its failure to fulfil its obligations;










3.


Orders Ireland to pay the Commission:






—


a lump sum in the amount of EUR 2 500 000;










—


should the infringement established in point 1 of the operative part persist at the date of delivery of this judgment, as from that date and until that Member State has put an end to that infringement, a daily penalty payment in the amount of EUR 10 000;














4.


Orders Ireland to bear its own costs and to pay those incurred by the Commission.






(1)  
            OJ C 45, 6.2.2023.


ELI: http://data.europa.eu/eli/C/2024/2576/oj
ISSN 1977-091X (electronic edition)