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Case C-213/23: Action brought on 31 March 2023 — European Commission v Kingdom of the Netherlands
ECLI:EU:UNKNOWN:62023CN0213
62023CN0213
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19.6.2023
EN
Official Journal of the European Union
C 216/27
(Case C-213/23)
(2023/C 216/36)
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: P.-J. Loewenthal, U. Małecka, acting as Agents)
Defendant: Kingdom of the Netherlands
Form of order sought
The Commission claims that the Court should:
—declare that the Kingdom of the Netherlands, in not adopting the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1024 (1) of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information and in not immediately communicating those measures to the Commission, has failed to fulfil its obligations under Article 17 of that directive;
—order the Kingdom of the Netherlands to pay the Commission a lump sum which corresponds to the level of the following two amounts: (i) a daily amount of EUR 13 900, multiplied by the number of days between the day after the expiry of the time limit for transposition fixed in Directive (EU) 2019/1024 and the day on which the infringement is rectified or, in the absence of rectification, the day on which the present judgment is rendered, or (ii) a minimum lump sum in the amount of EUR 3 892 000;
—in the event that the infringement persists until the date of delivery of the judgment in the present case, order the Kingdom of the Netherlands to pay the Commission a periodic penalty payment in the amount of EUR 75 060 per day from the day of delivery of the judgment in this case until the date on which that Member State fulfils its obligations under the directive, and
—order the Kingdom of the Netherlands to pay the costs.
Pleas in law and main arguments
Pursuant to Article 17(1) of Directive (EU) 2019/1024, the Member States were required by 17 July 2021 at the latest to adopt the national measures necessary to transpose that directive and to communicate them to the Commission.
According to the Commission, the Kingdom of the Netherlands has failed to fulfil its obligations under the abovementioned provision by not having adopted the required transposition measures on time, or at least by not having immediately communicated those measures to the Commission.
(1) OJ 2019 L 172, p. 56.