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Case C-330/12: Action brought on 9 July 2012 — European Commission v Republic of Poland
ECLI:EU:UNKNOWN:62012CN0330
62012CN0330
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Valentina R., lawyer
22.9.2012
EN
Official Journal of the European Union
C 287/23
(Case C-330/12)
2012/C 287/43
Language of the case: Polish
Parties
Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)
Defendant: Republic of Poland
Form of order sought
—declare that, by not adopting the laws, regulations and administrative provisions necessary to give effect to Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services, (1) and in any event by not informing the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Article 5 of that directive;
—impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a periodic penalty payment for failure to comply with its obligation to notify the Commission of the measures for transposing Directive 2009/140, at a daily rate of EUR 56 095,2, payable from the date on which judgment is delivered in the present case;
—order the Republic of Poland to pay the costs.
Pleas in law and main arguments
The period within which Directive 2009/140 had to be transposed expired on 25 May 2011.
(1) OJ 2009 L 337, p. 37.