CELEX: 62012CN0538
Language: en
Date: 2012-11-26 00:00:00
Title: Case C-538/12: Action brought on 26 November 2012 — European Commission v Republic of Slovenia

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/38
            
         Action brought on 26 November 2012 — European Commission v Republic of Slovenia
   (Case C-538/12)
   2013/C 26/71
   Language of the case: Slovenian
   
      Parties
   
   
      Applicant: European Commission (represented by P. Hetsch, A. Tokár and D. Kukovec, 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, regulations and administrative measures necessary to transpose Directive 2009/81/EC (1) of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC (2) and 2004/18/EC, (3) or in any case by failing to notify the Commission of those measures, the Republic of Slovenia has failed to fulfil its obligations under those directives;
            
         
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               order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to make a daily penalty payment of EUR 7 038,72, calculated from the day on which judgment shall be given in these proceedings;
            
         
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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 the directive expired on 21 August 2011.
   
      (1)  OJ 2009 L 216, p. 76.
   
      (2)  OJ 2004 L 134, p. 1.
   
      (3)  OJ 2004 L 134, p. 114.