Official Journal of the European Union

C 225/6

(Case C-270/11) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Retention of data generated or processed in connection with the provision of electronic communications services - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260 TFEU - Pecuniary penalties - Imposition of a lump sum payment)

2013/C 225/09

Language of the case: Swedish

Parties

Applicant: European Commission (represented by: C. Tufvesson and D. Maidani and by F. Coudert, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk and C. Meyer-Seitz, Agents)

Re:

Failure of a Member State to fulfil obligations — Article 260 TFEU — Failure to comply with the judgment of the Court in Case C-185/09 Commission v Sweden — Application for a penalty to be imposed

Operative part of the judgment

The Court:

1.Declares that, by failing to take the necessary measures to comply with the judgment of the Court in Case C-185/09 Commission v Sweden [2010] ECR I-14 concerning the failure to transpose into Swedish law Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, and by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with that directive, the Kingdom of Sweden has failed to fulfil its obligations under Article 260 TFEU;

2.Orders the Kingdom of Sweden to pay the European Commission, to the account ‘European Union own resources’, a lump sum payment of EUR 3 000 000;

3.Orders the Kingdom of Sweden to pay the costs.

(<span class="super">1</span>) OJ C 226, 30.7.2011.