12.6.2023

EN

Official Journal of the European Union

C 205/30

(Case C-198/23)

(2023/C 205/34)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: J. Samnadda and Ts. Georgieva, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (1) (‘the directive’) and by failing to communicate them to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under that directive;

—order the Republic of Bulgaria to pay to the Commission a lump sum corresponding to the higher of (i) a daily amount of EUR 1 800 multiplied by the number of days between the day following the expiry of the time limit for transposition laid down in the directive and the day on which the infringement is rectified or, in the absence of rectification, the day on which judgment is given in the present proceedings; (ii) the minimum lump sum of EUR 504 000;

—in the event that the failure to fulfil the obligations under point 1 continues until the date of judgment in the present proceedings, order the Republic of Bulgaria to pay to the Commission a periodic penalty payment of EUR 10 800 per day for each day of delay from the date of judgment in the present proceedings until the Republic of Bulgaria has complied with its obligations under the directive;

—order Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

The Directive aims to contribute to the proper functioning of the internal market by providing for wider distribution in the Member States of television and radio programmes originating in other Member States by facilitating the licensing of copyright and related rights in works and other protected subject matter included in the broadcasting of certain types of television and radio programmes. It extends the application of the country of origin principle to online ancillary services for radio and certain types of television programmes. It also ensures access to a wider cross-border supply of programmes and creates legal clarity on cases of direct introduction.

Article 12 of the directive sets 7 June 2021 as the deadline for Member States to transpose the directive. Under paragraph 2 of that article, ‘member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive’.

On 23 July 2021, the Commission sent the Republic of Bulgaria a letter of formal notice. On 19 May 2022, the Commission sent a reasoned opinion to the Republic of Bulgaria. However, the measures transposing the Directive have not yet been adopted or, in any event, have not yet been communicated to the Commission.

(1) OJ 2019 L 130, p. 82.