EN

Official Journal of the European Union

C 189/11

(Case C-240/13)

2013/C 189/21

Language of the case: Estonian

Parties

Applicant: European Commission (represented by: O. Beynet, M. Heller and L. Naaber-Kivisoo, acting as Agents)

Defendant: Republic of Estonia

Form of order sought

—declare that, by failing to adopt the laws and regulations to transpose Article 2(21), Article 9(5), (7) and (12), Article 10(5),the first sentence of Article 11(1), Article 11(5)(a) and (b), Article 16(2) and (3), the second, fourth and fifth sentences of Article 26(2)(c), Article 36, Article 37(1)(e), (f), (i), (k) and (p), Article 37(8), the second sentence of Article 37(10), Article 38(3), Article 40(3), and the fifth indent of point 1(a) and point 1(d), (f), (i) and (j) of Annex I of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, or in any event by failing to notify the Commission of the adoption of the necessary provisions for transposition of the directive, the Republic of Estonia has failed to fulfil its obligations under Article 49(1) of the directive;

—impose on the Republic of Estonia, for breaching the obligation to notify the measures transposing the directive, in accordance with Article 260(3) TFEU, a penalty payment of EUR 5 068,8 a day from the date of the judgment of the Court of Justice;

—order the Republic of Estonia to pay the costs.

Pleas in law and main arguments

The period for transposing the directive expired on 3 March 2011.

(<span class="super">1</span>) OJ 2009 L 211, p. 55.