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Case C-676/18: Action brought on 30 October 2018 — European Commission v Kingdom of Belgium
ECLI:EU:UNKNOWN:62018CN0676
62018CN0676
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14.1.2019
EN
Official Journal of the European Union
C 16/30
(Case C-676/18)
(2019/C 16/38)
Language of the case: French
Parties
Applicant: European Commission (represented by: M. Condou-Durande, C. Cattabriga and G. von Rintelen, acting as Agents)
Defendant: Kingdom of Belgium
Form of order sought
The applicant claims that the Court should:
—declare that, by failing to adopt, by 30 September 2016, all the laws, regulations and administrative provisions to comply with Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014, (1) or, in any event, by failing to notify such laws, regulations and provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 28(1) of that directive;
—order the Kingdom of Belgium, pursuant to Article 260(3) TFEU, to pay a periodic penalty payment of EUR 49 906,50 per day into an account to be notified by the Commission from the date of delivery of the judgment in the present case for failure to fulfil the obligation to notify the measures transposing Directive 2014/36/EU;
—order the Kingdom of Belgium to pay the costs.
Pleas in law and main arguments
Member States were required, under Article 28(1) of Directive 2014/36/EU, to take the national measures necessary to transpose the obligations of that directive by 30 September 2016. In the absence of notification of any measures transposing the directive by Belgium, the Commission has decided to bring an action before the Court of Justice.
In its application, the Commission proposes that a daily periodic penalty payment of EUR 49 906,50 be imposed on Belgium. The amount of the penalty payment has been calculated by taking into account the seriousness and length of the infringement, as well as the dissuasive effect on the basis of that Member State’s ability to pay.
(1) Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ 2014 L 94, p. 375).