(Case C-261/18)

Language of the case: English

Parties

Applicant: European Commission (represented by: M. Noll-Ehlers, J. Tomkin, Agents)

Defendant: Ireland

The applicant claims that the Court should:

—to declare that, by failing to take the necessary measures to comply with the second ground of the judgment of this Court in Case C-215/06 (1), Commission v Ireland, Ireland has failed to fulfil its obligations under Article 260 TFEU;

—to order Ireland to pay to the Commission a lump sum of EUR 1343,2 multiplied by the number of days between the ruling in Case C-215/06 and either compliance by Ireland with that ruling or the judgment in the present proceedings, whichever is the sooner, with a minimum lump sum of EUR 1685000;

—to order Ireland to pay to the Commission a penalty payment of EUR 12,264 per day from the date of the judgment in the present proceedings to the date of compliance by Ireland with the ruling in Case C-215/06; and

—order Ireland to pay the costs of this action.

Pleas in law and main arguments

Ireland is required, under Article 260 (1) TFEU, to take the necessary measures to comply with the judgment of the Court in C-215/06. As Ireland has not taken the necessary measures to comply with the second ground of that judgment, the Commission decided to refer the matter to the Court of Justice.

In its application, the Commission proposes that the Court of Justice impose a lump sum payment of EUR 1343,2 per day and a penalty payment of EUR 12,264 per day on Ireland. The amount of the lump sum and of the penalty payment has been calculated taking into account the seriousness and duration of the infringement and the deterrent effect based on that Member State’s ability to pay.

* Language of the case: English.

(1) judgment of 3 July 2008, Commission v Ireland, C-215/16, EU:C:2008:380.

* * *