7.9.2013

EN

Official Journal of the European Union

C 260/34

(Case C-386/13)

2013/C 260/63

Language of the case: Greek

Parties

Applicant: European Commission (represented by: P. Hetsch, K. Herrmann and M. Patakia)

Defendant: Republic of Cyprus

Form of order sought

—declare that, by not adopting all the laws, regulations and administrative provisions that are necessary to comply with Directive 2009/28/EC (1) on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC (2) and 2003/30/EC (3) or, in any event, by not notifying those provisions to the Commission, the Republic of Cyprus has failed to fulfil its obligations under Article 27(1) of that directive;

—impose upon the Republic of Cyprus, in accordance with Article 260(3) EC, a daily penalty payment of EUR 11 404,80 from the date of delivery of the Court’s judgment;

—order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

1.Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 concerns the promotion of the use of energy from renewable sources and the amendment and subsequent repeal of Directives 2001/77/EC and 2003/30/EC. According to Article 1, the directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory national targets for the overall share of energy from renewable sources in gross final consumption of energy and for the share of energy from renewable sources in transport. It lays down rules relating to statistical transfers between Member States, joint projects between Member States and with third countries, guarantees of origin, administrative procedures, information and training, and access to the electricity grid for energy from renewable sources. It establishes sustainability criteria for biofuels and bioliquids.

2.Under Article 27 of Directive 2009/28/EC, the Member States had to adopt the national provisions necessary to comply with the directive by 5 December 2010 and to communicate the measures adopted to the Commission; such communication constitutes an element inherent in the obligation to transpose European Union directives into domestic law and in the duty to cooperate in good faith, and this fact is also reflected in Article 260(3) TFEU.

3.On the basis of the Cypriot authorities’ letters and the national measures communicated, during the pre-litigation procedure and before it was decided to bring the present action, the Commission established that the Republic of Cyprus had not adopted all the laws, regulations and administrative provisions necessary to bring the national framework fully into line with Directive 2009/28/EC, and it decided to bring an action before the Court pursuant to Article 258 TFEU in conjunction with Article 260(3) TFEU for a declaration that the Republic of Cyprus has failed to fulfil its obligations under Article 27(1) of that directive.

(1) OJ 2009 L 140, p. 16.

(2) OJ 2001 L 283, p. 33.

(3) OJ 2003 L 123, p. 42.