CELEX: 62018CN0061
Language: en
Date: 2018-01-31 00:00:00
Title: Case C-61/18: Action brought on 31 January 2018 — European Commission v Republic of Bulgaria

26.3.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/25
            
         Action brought on 31 January 2018 — European Commission v Republic of Bulgaria
   (Case C-61/18)
   (2018/C 112/33)
   Language of the case: Bulgarian
   
      Parties
   
   
      Applicant: European Commission (represented by: G. von Rintelen, K. Walkerová, G. Koleva, acting as Agents)
   
      Defendant: Republic of Bulgaria
   
      Form of order sought
   
   The Commission claims that the Court should:
   
               —
            
            
               declare that, by failing to adopt by 18 September 2016 all the laws, regulations and administrative provisions necessary to comply with Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, р. 135-145) or in any event by not informing the Commission of such measures, the Republic of Bulgaria has failed to fulfil its obligations in accordance with Article 15(1) of that directive;
            
         
               —
            
            
               order the Republic of Bulgaria, in accordance with Article 260(3) TFEU to pay a periodic penalty in the amount of EUR 14 089,60 per day, calculated from the date of delivery of the judgment establishing the existence of the Republic of Bulgaria’s failure to fulfil its obligations.
            
         
      Pleas in law and main arguments
   
   
            
               1.
            
            
               In accordance with Article 15(1) of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the directive by 18 September 2016. They shall immediately inform the Commission thereof. In view of the Republic of Bulgaria’s failure to inform it of the national measures transposing the directive, the Commission has decided to bring an action before the Court.
            
         
            
               2.
            
            
               In its application, the Commission proposes that the Republic of Bulgaria be ordered to pay a periodic penalty in the amount of EUR 14 089,60 per day. The amount of the periodic penalty payment is calculated taking into account the severity and duration of the infringement, as well as the deterrent effect and the ability of that Member State to pay.