27.4.2013

EN

Official Journal of the European Union

C 123/14

(Case C-111/13)

2013/C 123/22

Language of the case: Finnish

Parties

Applicant: European Commission (represented by: P. Hetsch, O. Beynet and I. Koskinen, acting as Agents)

Defendant: Republic of Finland

Form of order sought

—declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Article 2(1), (2), (4) — (18), (20), (22) — (36); the first, second and third sentences of Article 3(3), Article 3(6)(b); Article 12; Article 13(1), (2) and (5); Article 15(1) and (2); the second sentence of Article 16(1) and Article 16(2) and (3); Article 25(1); Article 33; the second and fourth subparagraphs of Article 36(4) and Article36(6), (8) and the third subparagraph of Article 36(9); Article 39(4)(a) and (b), points (a) and (b) of the first subparagraph of Article 39(5) and the second subparagraph thereof; Article 40(a) — (e), (g) and (h); Article 41(1)(b), (c) — (f), (h) — (q) and (s) — (u), (4)(b) and (d), (6)(a), (7), (9), (10), (11) and (12); Article 42(1); Article 43(1), (4) and (8); Article 44(1), (2), (3), (6) and (7) and Annex I(1)(a), sixth and eighth indents, (b), (d), (f) and (h) and Annex I(2) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (1) into national law in mainland Finland and the Province of Åland or, in any event by failing to inform the Commission thereof, the Republic of Finland has failed to fulfil its obligations under Article 54(1) of that directive;

—impose on the Republic of Finland, pursuant to Article 260(3) of the TFEU, a daily penalty payment of EUR 28 589,60, which is to be applied from the day on which the judgment is delivered in the present case;

—order the Republic of Finland to pay the costs.

Pleas in law and main arguments

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

(1) OJ 2009 L 211, p. 94.