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Case C-149/23, Whistleblowers directive): Judgment of the Court (Sixth Chamber) of 6 March 2025 – European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness)
ECLI:EU:UNKNOWN:62023CA0149
62023CA0149
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Official Journal of the European Union
C series
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C/2025/2336
28.4.2025
(Case C-149/23,
(Whistleblowers directive))
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Protection of persons who report breaches of Union law - Directive (EU) 2019/1937 - Article 26(1) and (3) - Failure to transpose and communicate transposition measures - Article 260(3) TFEU - Application for the imposition of a lump sum - Criteria for establishing the amount of the penalty - Automatic application of a coefficient for seriousness)
(C/2025/2336)
Language of the case: German
Parties
Applicant: European Commission (represented by: J. Baquero Cruz and L. Mantl, acting as Agents)
Defendant: Federal Republic of Germany (represented by: J. Möller, J. Heitz and M. Hellmann, acting as Agents)
Operative part of the judgment
The Court:
Declares that, by having failed, on the expiry of the period laid down in the reasoned opinion of the European Commission of 15 July 2022, as extended until 15 December 2022, to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and, therefore, by having failed to communicate them to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under Article 26(1) and (3) of that directive;
Orders the Federal Republic of Germany to pay to the European Commission a lump sum in the amount of EUR 34 000 000;
Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission.
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OJ C 155, 2.5.2023.
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ELI: http://data.europa.eu/eli/C/2025/2336/oj
ISSN 1977-091X (electronic edition)
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