27.4.2013

EN

Official Journal of the European Union

C 123/13

(Case C-109/13)

2013/C 123/21

Language of the case: Finnish

Parties

Applicant: European Commission (represented by: P. Hetsch, O. Beynet and I. Koskinen acting as Agents)

Defendant: Republic of Finland

Form of order sought

—declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Article 2(1), (2), (5), (7), (8), (9), (11), (13), (14), (17), (18), (19), (21), (22), (24), (28) — (35); Article 3(5)(a) and (9)(c); Article 9(1), (2), (3), (7), (9), (10) and (12); Articles 10 and 11; Article 12(d) and (h); Articles 13 and 14; the second and third sentences of Article 16(1), (2) and (3); Articles 17 to 23; Article 25(1); the third and fourth sentences of Article 26(2)(c), the second and fourth sentences of Article 26(2)(d) and (3); Article 29; Article 35(4) and (5); Article 36(a) — (e), (g) and (j); Article 37(1)(b) to (u), (3), (4)(b) and (d), (5) and (9); Article 38(1); Article 39(1), (4) and (8); Article 40(1),(2), (3), (6) and (7); and points 6 and 8 in Annex I(1)(a), (d), (f) and (j) Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC into national law, both with respect to mainland Finland and the province of Åland, or, in any event, by failing to inform the Commission thereof, the Republic of Finland has failed to fulfil its obligations under Article 49(1) of that directive;

—impose on the Republic of Finland, pursuant to Article 260(3) TFEU, a daily penalty payment of EUR 32 140,00 which is to be applied from the day on which the judgment is delivered in the present case;

—order Republic of Finland to pay the costs.

Pleas in law and main arguments

The period for transposing the directive expired on 3 March 2011.