12.3.2018

Official Journal of the European Union

C 94/14

(Case C-36/18)

(2018/C 094/17)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: D. Τriantaphillou, M. Morales Puerta and G. von Rintelen, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The Commission claims that the Court should:

—declare that the Hellenic Republic, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2014/89/ΕU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning or, in any event by not notifying those provisions to the Commission, has failed to fulfil its obligations under Article 15 of that directive,

—impose on the Hellenic Republic a penalty payment of EUR 31 416 per day, with effect from the date of the judgment of the Court,

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

—Under Article 15 of the directive establishing a framework for maritime spatial planning Member States are to transpose the directive into domestic law by 18 September 2016 and to inform the Commission thereof. The Commission has not, however, received any reply either to its letter of formal notice or to the reasoned opinion that it sent to the Hellenic Republic and seeks, consequently, recognition of the existence of the infringement by reason of a failure to transpose a binding directive in accordance with Article 258 TFEU.

—To establish a procedure whereby the authorities of each Member State assess and organise human activities in the marine regions within their jurisdiction in order to achieve ecological, economic and social objectives, the Commission, in accordance with its binding practice concerning the implementation of Article 260(3) TFEU, seeks at the same time the imposition of a penalty payment amounting to EUR 31 416 per day, taking into consideration in particular the seriousness of the infringement (see the objectives of the directive which relate to the common fisheries policy, maritime shipping, the conservation and protection of the environment and energy, but also the impact on the economic operators concerned).

Language of the case: Greek

(1) OJ 2014, L 25, p. 135.

(2) OJ 2011, C 12, p. 1.