21.10.2019

EN

Official Journal of the European Union

C 357/27

(Case C-658/19)

(2019/C 357/34)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by D. Nardi, G. von Rintelen and S. Pardo Quintillán, Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:

—Declare that, by failing to adopt, by 6 May 2018, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on [the protection of natural persons with regard] to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, (1) or, in any event, by failing to notify those measures to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 63(1) of that directive;

—Impose on the Kingdom of Spain, in accordance with Article 260(3) TFEU, a daily penalty payment of EUR 89 548,20, with effect from the date of delivery of the judgment declaring the failure to fulfil the obligation to adopt or, in any event, the failure to notify to the Commission, the measures necessary to comply with Directive (EU) 2016/680, to be paid into an account to be indicated by the Commission;

—Impose on the Kingdom of Spain, in accordance with Article 260(3) TFEU, a lump-sum payment, the amount of which corresponds to the daily amount of EUR 21 321,00 multiplied by the number of days on which the infringement continues, provided that that amount exceeds the minimum lump-sum payment of EUR 5 290 000, to be paid into an account to be indicated by the Commission;

—Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

In accordance with Article 63(1) of Directive (EU) 2016/680, the Member States were to adopt and publish, by 6 May 2018, the laws, regulations and administrative provisions necessary to comply with that directive, and forthwith notify to the Commission the text of those provisions.

The Commission has not been informed of the adoption and entry into force of any of the required transposition measures, and is not aware of any other information indicating that the directive has been transposed.

The Kingdom of Spain has, therefore, failed to transpose Directive (EU) 2016/680, more than a year after the expiry of the period for transposition.

(1) OJ 2016 L 119, p. 89