27.10.2012

Official Journal of the European Union

C 331/16

(Case C-407/12)

(2012/C 331/25)

Language of the case: Slovene

Parties

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

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:

—Declare that, by failing to adopt all the laws and other measures necessary to transpose Directive 2009/140/EC (1) of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC (2) on a common regulatory framework for electronic communications networks and services, 2002/19/EC (3) on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC (4) on the authorisation of electronic communications networks and services or, in any case, by failing to notify the Commission of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 5 of that directive;

—order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to make a penalty payment in the sum of EUR 6 531,84 a day, from the day of delivery of judgment in this case, on the grounds of its failure to fulfil its obligation to notify all measures for the transposition of Directive 2009/136/EC;

—order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of that directive expired on 25 May 2011.

*

Language of the case: Slovene

(1) OJ 2009 L 337, p. 37.

(2) OJ 2002 L 108, p. 33.

(3) OJ 2002 L 108, p. 7.

(4) OJ 2002 L 108, p. 21.