CELEX: 62012CN0407
Language: en
Date: 2012-09-03 00:00:00
Title: Case C-407/12: Action brought on 3 September 2012 — European Commission v Republic of Slovenia

27.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/16
            
         
      Action brought on 3 September 2012 — European Commission v Republic of Slovenia
      (Case C-407/12)
      (2012/C 331/25)
      Language of the case: Slovene
      
         Parties
      
      
         Applicant: European Commission (represented by P. Hetsch, L. Nicolae and M. Žebre, acting as Agents)
      
         Defendant: Republic of Slovenia
      
         Form of order sought
      
      The Commission claims that the Court should:
      
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                  Declare that, by failing to adopt all the laws and other measures necessary to transpose Directive 2009/140/EC (1) of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC (2) on a common regulatory framework for electronic communications networks and services, 2002/19/EC (3) on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC (4) on the authorisation of electronic communications networks and services or, in any case, by failing to notify the Commission of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 5 of that directive;
               
            
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                  order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to make a penalty payment in the sum of EUR 6 531,84 a day, from the day of delivery of judgment in this case, on the grounds of its failure to fulfil its obligation to notify all measures for the transposition of Directive 2009/136/EC;
               
            
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                  order the Republic of Slovenia to pay the costs.
               
            
         Pleas in law and main arguments
      
      The period prescribed for transposition of that directive expired on 25 May 2011.
      
         (1)  OJ 2009 L 337, p. 37.
      
         (2)  OJ 2002 L 108, p. 33.
      
         (3)  OJ 2002 L 108, p. 7.
      
         (4)  OJ 2002 L 108, p. 21.