22.10.2018

EN

Official Journal of the European Union

C 381/17

(Case C-549/18)

(2018/C 381/18)

Language of the case: Romanian

Parties

Applicant: European Commission (represented by: T. Scharf, G. von Rintelen and L. Radu Bouyon, acting as Agents)

Defendant: Romania

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt, by 26 June 2017, the laws, regulations and administrative provisions necessary to comply with Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, (1) or, in any event, by failing to communicate such measures to the Commission, Romania has failed to fulfil its obligations under Article 67 of that directive;

—order Romania, in accordance with Article 260(3) TFEU, to pay a penalty in the amount of EUR 21 974,40 for each day of delay in complying with its obligation to communicate the measures necessary to ensure transposition of Directive 2015/849/EU, with effect from the day on which judgment is delivered in the present case;

—order Romania, in accordance with Article 260(3) TFEU, to pay a lump sum, based on a daily amount of EUR 6 016,80, multiplied by the number of days which have elapsed from the day following the expiry of the deadline for transposition laid down in the directive in question until the day on which Romania fulfils its obligations or, if it fails to fulfil those obligations, until the day on which the Court delivers its judgment, subject to exceeding a minimum lump sum of EUR 1 887 000;

—order Romania to pay the costs.

Pleas in law and main arguments

1.The Member States had an obligation, under Article 67 of Directive 2015/849/EU, to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 26 June 2017. Since Romania has failed to communicate transposition measures, the Commission has decided to refer the matter to the Court of Justice.

2.In its application, the Commission claims that the Court should order Romania to pay a lump sum and periodic penalty payments pursuant to Article 260(3) TFEU.

(1) OJ 2015 L 141, p. 73.