EN

Official Journal of the European Union

C 189/11

(Case C-241/13)

2013/C 189/22

Language of the case: Estonian

Parties

Applicant: European Commission (represented by: O. Beynet, M. Heller and L. Naaber-Kivisoo, acting as Agents)

Defendant: Republic of Estonia

Form of order sought

—declare that, by failing to adopt the laws and regulations to transpose Article 2(10), (20) and (22), Article 3(3) and (4), Article 7(3), Article 9(5), (7) and (12), Article 10(5), Article 11(5)(a) and (b), Articles 12, 13, 15 and 16, Article 26(2)(b), the second, fourth and fifth sentences of Article 26(2)(c), the third and fourth sentences of Article 26(2)(d), Article 26(3), Article 27(2), Article 33, the second and fourth subparagraphs of Article 36(4), Article 36(6) and (8), the third subparagraph of Article 36(9), Article 41(1)(d), (e), (i), (k), (n), (p), (q) and (s), Article 41(6)(c), the second and third sentences of Article 41(9), Article 41(10), Article 44(3), the second, third, fifth and seventh indents of the first subparagraph of point 1(a) of Annex I, the second subparagraph of point 1(a) of Annex I, point 1(b), (d), (f). (h), (i) and (j) of Annex I and point 2 of Annex I of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, or in any event by failing to notify the Commission of the adoption of the necessary provisions for transposition of the directive, the Republic of Estonia has failed to fulfil its obligations under Article 54(1) of the directive;

—impose on the Republic of Estonia, for breaching the obligation to notify the measures transposing the directive, in accordance with Article 260(3) TFEU, a penalty payment of EUR 4224 a day from the date of the judgment of the Court of Justice;

—order the Republic of Estonia to pay the costs.

Pleas in law and main arguments

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

(<span class="super">1</span>) OJ 2009 L 211, p. 94.