(Case C-594/17)

Language of the case: Slovenian

Parties

Applicant: European Commission (represented by: L. Flynn, G. von Rintelen and M. Žebre)

Defendant: Republic of Slovenia

Form of order sought

The applicant claims that the Court should:

—declare that the Republic of Slovenia has failed to fulfil its obligations under Article 15(1) of Council Directive 2001/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (OJ 2011 L 306, p. 41), by failing to adopt, by 31 December 2013, all the laws, regulations and administrative provisions necessary to comply with that directive, or in any event by failing to communicate those provisions to the Commission;

—order the Republic of Slovenia to pay, on the basis of Article 260(3) TFEU, a penalty of EUR 7099,20 per day from the date of delivery of judgment in the present case;

—order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

In accordance with Article 15(1) of Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States, the Republic of Slovenia should have adopted and made public, by 31 December 2013, all the laws, regulations and administrative provisions necessary to comply with that directive. Since the Republic of Slovenia did not confirm to the Commission, before expiry of that time limit, that all the provisions of the directive cited above had been transposed, the Commission decided to bring an action before the Court.

By its action, the Commission claims that the Court should order the Republic of Slovenia to pay a penalty of EUR 7099,20 per day. In calculating that amount, the Commission took into consideration the seriousness and the duration of the breach of EU law as well as the deterrent effect in relation to the ability of the Member State concerned, namely the Republic of Slovenia, to pay.