CELEX: 62012CN0148
Language: en
Date: 2012-03-26 00:00:00
Title: Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany

12.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/10
            
         Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
   (Case C-148/12)
   2012/C 138/16
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Hetsch and G. Braun, acting as Agents)
   
      Defendant: Federal Republic of Germany
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways, (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;
            
         
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               impose upon the Federal Republic of Germany, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/110/EC at the daily rate of EUR 148 094,1, payable to the European Union’s own resources account;
            
         
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               order the Federal Republic of Germany to pay the costs.
            
         
      Pleas in law and main arguments
   
   The time-limit for the transposition of the directive expired on 24 December 2010.
   
      (1)  OJ 2008 L 345, p. 62.