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Case C-332/12: Action brought on 10 July 2012 — European Commission v Republic of Poland

ECLI:EU:UNKNOWN:62012CN0332

62012CN0332

July 10, 2012
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22.9.2012

EN

Official Journal of the European Union

C 287/24

(Case C-332/12)

2012/C 287/45

Language of the case: Polish

Parties

Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought

declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council, (1) and in any event by not informing the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 25 of that directive;

impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to comply with the obligation to notify measures transposing Directive 2009/18, at a daily rate of EUR 56 095,20 and payable from the date on which judgment is delivered in the present case;

order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on 17 June 2011.

(1) OJ 2009 L 131, p. 114.

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