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Case C-439/22: Judgment of the Court (Ninth Chamber) of 14 March 2024 – European Commission v Ireland (Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty)
ECLI:EU:UNKNOWN:62022CA0439
62022CA0439
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Official Journal of the European Union
C series
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C/2024/3040
13.5.2024
(Case C-439/22)
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive (EU) 2018/1972 - European Electronic Communications Code - Failure to transpose and notify the transposition measures - Article 260(3) TFEU - Application for the imposition of a lump sum and a periodic penalty payment - Criteria for determining the amount of the penalty)
(C/2024/3040)
Language of the case: English
Parties
Applicant: European Commission (represented by: U. Małecka, L. Malferrari, E. Manhaeve and J. Samnadda, acting as Agents)
Defendant: Ireland (represented by: M. Browne, A. Joyce, M. Lane and D. O’Reilly, acting as Agents, and by S. Brittain, Barrister-at-Law)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, by the expiry of the period prescribed in the reasoned opinion, as extended by the European Commission, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code and, consequently, by failing to notify those provisions to the Commission, Ireland has failed to fulfil its obligations under Article 124(1) of that directive;
2.Orders Ireland to pay to the Commission a lump sum in the amount of EUR 4 500 000;
3.Orders Ireland to bear its own costs and to pay those incurred by the Commission.
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Language of the case: English.
(1) OJ C 326, 29.8.2022.
ELI: http://data.europa.eu/eli/C/2024/3040/oj
ISSN 1977-091X (electronic edition)
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