Official Journal of the European Union

EN

C series

—

C/2024/7157

9.12.2024

(Case C-646/24)

(C/2024/7157)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: B. Stromsky and D. Drambozova)

Defendant: Republic of Bulgaria

Form of order sought

The applicant claims that the Court should:

(i)find that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure compliance with Directive (EU) 2019/882 (1) of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, or by failing to notify the Commission thereof, Bulgaria has failed to fulfil its obligations under Article 31 of that directive;

(ii)order the Republic of Bulgaria to pay to the Commission a lump sum corresponding to one of the following two amounts, whichever is the highest: (1) a daily sum of EUR 2 160, multiplied by the number of days between the day after the expiry of the deadline for transposition, provided for in the directive, and the date on which the infringement was brought to an end, or, where the infringement has not been brought to an end, the date of delivery of a judgment in the present case; (2) a minimum lump sum payment of EUR 603 000;

(iii)where the failure to comply with the obligations under (i) persists until the date of delivery of the judgment in the present case, order the Republic of Bulgaria to pay to the Commission a penalty payment of EUR 15 504 for each day from the date of delivery of the judgment in the present case until that State has complied with its obligations under the directive in question;

(iv)order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services is a key EU legislative act, setting out functional accessibility requirements throughout the European Union as regards some important products and services for daily use. Its objective is to put an end to fragmentation in the internal market, by approximating the laws, regulations and administrative provisions of the Member States as regards accessibility requirements for some mainstream products and services, in particular by eliminating and preventing barriers to their free movement. Article 31 of the directive sets 28 June 2022 as the deadline for the transposition of the directive by the Member States. The Member States are also immediately to communicate to the Commission the text of the measures adopted in order to ensure that transposition.

On 19 July 2022, the Commission sent the Republic of Bulgaria a letter of formal notice. On 14 July 2023, the Commission sent the Republic of Bulgaria a reasoned opinion. Nevertheless, measures transposing the directive have not been adopted yet, or, in any event, have not been notified to the Commission.

—

ELI: http://data.europa.eu/eli/C/2024/7157/oj

ISSN 1977-091X (electronic edition)

—