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Case C-572/12: Action brought on 6 December 2012 — European Commission v Kingdom of the Netherlands

ECLI:EU:UNKNOWN:62012CN0572

62012CN0572

December 6, 2012
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9.2.2013

EN

Official Journal of the European Union

C 38/15

(Case C-572/12)

2013/C 38/22

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: P. Hetsch, E. Manhaeve, A. Tokár, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

The Commission claims that the Court of Justice should:

declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2009/81/EC (1) on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC, or in any event in failing to inform the Commission thereof, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 72(1) of that directive;

in accordance with Article 260(3) TFEU, order the Kingdom of the Netherlands to pay a daily penalty payment in the sum of EUR 57 324,80 from the date on which judgment is delivered in this case;

order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The period for transposing the directive into national law expired on 21 August 2011.

(1) OJ 2009 L 216, p. 76.

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