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Case C-545/12: Action brought on 27 November 2012 — European Commission v Republic of Cyprus

ECLI:EU:UNKNOWN:62012CN0545

62012CN0545

November 27, 2012
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EN

Official Journal of the European Union

C 32/8

(Case C-545/12)

2013/C 32/11

Language of the case: Greek

Parties

Applicant: European Commission (represented by: P. Hetsch, J. Hottiaux and Μ. Constantinidis, Agents)

Defendant: Republic of Cyprus

Form of order sought

The applicant claims that the Court should:

Declare that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (OJ 2006 L 403 p. 18) and, in any event, by not communicating to the Commission the text of those provisions, the Republic of Cyprus failed to fulfil its obligations under Article 16 of that directive;

impose on the Republic of Cyprus, pursuant to Article 260(3) TFEU, payment of a daily penalty payment amounting to EUR 6 504,96 from the date of publication of the judgment of the Court;

order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

Article 16(1) of Directive 2006/126/EC obliges the Member States to adopt and publish, no later than 19 January 2011, the laws, regulations and administrative provisions necessary to comply with the new provisions which the directive concerned introduces and specifies.

The Republic of Cyprus has not fully transposed into domestic law the provisions of the directive. In particular, the Commission has ascertained that, at the date of lodging of the action, the Republic of Cyprus had not transposed into its domestic law Articles 1(1), 3, 7(1), 7(3), 7(5), 10 and 15 or Annex Ι, point 2, Annex ΙΙ, point 5.2 or Annexes IV, V and VI of the directive.

Consequently, the Commission considers that the Republic of Cyprus failed to fulfil its obligations under Article 260(3) TFEU.

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