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Case C-150/23, Whistleblowers directive): Judgment of the Court (Sixth Chamber) of 6 March 2025 – European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness)
ECLI:EU:UNKNOWN:62023CA0150
62023CA0150
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Official Journal of the European Union
C series
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C/2025/2337
28.4.2025
(Case C-150/23,
(Whistleblowers directive))
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Protection of persons who report breaches of Union law - Directive (EU) 2019/1937 - Article 26(1) and (3) - Failure to transpose and communicate transposition measures - Article 260(3) TFEU - Application for the imposition of a lump sum - Criteria for establishing the amount of the penalty - Automatic application of a coefficient for seriousness)
(C/2025/2337)
Language of the case: French
Parties
Applicant: European Commission (represented by: J. Baquero Cruz, F. Blanc and T. Materne, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: A. Germeaux and T. Schell, acting as Agents)
Operative part of the judgment
The Court:
Declares that, by having failed, on the expiry of the period laid down in the reasoned opinion of the European Commission of 15 July 2022, to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and, therefore, by having failed to communicate them to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 26(1) and (3) of that directive;
Orders the Grand Duchy of Luxembourg to pay to the European Commission a lump sum in the amount of EUR 375 000;
Orders the Grand Duchy of Luxembourg to bear its own costs and to pay those incurred by the European Commission.
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(1) OJ C 155, 2.5.2023.
ELI: http://data.europa.eu/eli/C/2025/2337/oj
ISSN 1977-091X (electronic edition)
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