CELEX: 62018CN0188
Language: en
Date: 2018-03-12 00:00:00
Title: Case C-188/18: Action brought on 12 March 2018 — European Commission v Republic of Slovenia

30.4.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/22
            
         Action brought on 12 March 2018 — European Commission v Republic of Slovenia
   (Case C-188/18)
   (2018/C 152/27)
   Language of the case: Slovenian
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Ondrůšek, G. von Rintelen, M. Žebre)
   
      Defendant: Republic of Slovenia
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               declare that, by not having adopted the laws, regulations and administrative provisions necessary to comply with Directive 2014/23/EU of the European Parliament and the Council of 26 February 2014 on the award of concession contracts (OJ 2014 L 94, p. 1) by 18 April 2016 or, in any event, by not having communicated those provisions to the Commission, the Republic of Slovenia has failed to fulfil its obligations under Article 51 of that directive;
            
         
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               order the Republic of Slovenia to pay a penalty payment, under Article 260(3) TFEU, in the sum of EUR 8 992,32 per day, as from the day of delivery of the Court’s judgment in the present case;
            
         
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               order the Republic of Slovenia to pay the costs.
            
         
      Pleas in law and main arguments
   
   In accordance with Article 51 of Directive 2014/23/EU of the European Parliament and the Council of 26 February 2014 on the award of concession contracts, the Republic of Slovenia should have adopted and communicated the laws, regulations and administrative provisions necessary to comply with that directive by 18 April 2016. Since the Republic of Slovenia did not notify the Commission, before the expiry of that deadline, that it has transposed all the provisions of that directive, the Commission decided to refer the case to the Court.
   By its action, the Commission asks the Court to order the Republic of Slovenia to pay a penalty of EUR 8 992,32 per day. In calculating that amount, the Commission took into consideration the seriousness and the duration of the infringement of EU law, as well as the deterrent effect in relation to the ability of the Member State concerned, namely the Republic of Slovenia, to pay.
   The deadline for the transposition of the Directive expired on 18 April 2016.