29.8.2022

EN

Official Journal of the European Union

C 326/13

(Case C-439/22)

(2022/C 326/20)

Language of the case: English

Parties

Applicant: European Commission (represented by: U. Małecka, L. Malferrari, E. Manhaeve, J. Samnadda, Agents)

Defendant: Ireland

The applicant claims that the Court should:

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

—order Ireland to pay to the Commission a lump sum based on a daily amount of EUR 5 544,9 per day with the minimum lump sum of EUR 1 376 000.

—if the failure to fulfil obligations found in paragraph 1 has continued until the date of delivery of the judgment in the present proceedings, order Ireland to pay to the Commission a penalty payment of EUR 24 942,9 per day from the date of the judgment in the present proceedings to the date of compliance with its obligations under the Directive; and

—to order Ireland 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 lays down rules on telecommunications markets. Article 124 paragraph 1 of the Directive lays down the date of 21 December 2020 as the transposition deadline for the Member States.

By letter of 3 February 2021, the Commission addressed a letter of formal notice to Ireland in circumstances where the Commission had not received from Ireland any notification concerning the adoption of the necessary provisions to comply with the Directive. By letter of 23 September 2021, in the absence of any further notification regarding the transposition of the Directive, the Commission sent a reasoned opinion to Ireland. Nevertheless, the transposing measures have not yet been adopted by Ireland and, in any event, they have not been notified to the Commission.

(1) OJ 2018, L 321, p. 36.