29.8.2022

EN

Official Journal of the European Union

C 326/16

(Case C-454/22)

(2022/C 326/23)

Language of the case: Latvian

Parties

Applicant: European Commission (represented by: L. Malferrari, E. Manhaeve, U. Małecka and A. Sauka)

Defendant: Republic of Latvia

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 124(1) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (1) or, in any event, by failing to communicate those provisions to the Commission, the Republic of Latvia has failed to fulfil its obligations under that directive;

—order the Republic of Latvia to pay a lump sum of EUR 1 145,34 per day, with a minimum lump sum of EUR 316 000;

—order the Republic of Latvia to pay to the Commission, in so far as the failure to fulfil the obligations set out in paragraph 1 persists pending delivery of the judgment in this case, a penalty payment of EUR 1 145,34 for each day’s delay from the date of delivery of the judgment in this case until the date on which the Republic of Latvia complies with its obligations under that directive;

—order Republic of Latvia to pay the costs.

Pleas in law and main arguments

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code sets out the regulatory framework for the telecommunications sector. The deadline for transposing that directive expired on 21 December 2020.

On 3 February 2021, the Commission sent a letter of formal notice to the Republic of Latvia. On 23 September 2021, the Commission sent a reasoned opinion to the Republic of Latvia. However, the Republic of Latvia has not yet adopted the transposition measures and, in any case, they have not been communicated to the Commission.

* Language of the case: Latvian.