27.10.2012

Official Journal of the European Union

C 331/15

(Case C-406/12)

(2012/C 331/24)

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 2009/136/EC (1) of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC (2) on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC (3) concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws 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 4 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.

(1) OJ 2009 L 337, p. 11.

(2) OJ 2002 L 108, p. 51.

(3) OJ 2002 L 201, p. 37.