EN

Official Journal of the European Union

C 223/6

(Case C-217/14)

2014/C 223/09

Language of the case: English

Parties

Applicant: European Commission (represented by: P. Hetsch, L. Flynn, K. Herrmann, agents)

Defendant: Ireland

The applicant claims that the Court should:

—Declare that, in relation to Directive 2009/72/EC (1) of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing 2003/54/EC, Ireland has failed to adopt by 3 March 2011 at the latest provisions transposing the definitions of points 8, 18, 21, 22, 32, 33 and 34 of its Article 2 and the requirements laid down in paragraphs (1) to (7) and (12) of its Article 9 in conjunction with paragraph (11) of Article 9, in the second and third sentences of its Article 16 as well as paragraphs (2) and (3) of Article 16, in the second sentence of its Article 38(1), in paragraphs (1), (4) and (8) of its Article 39, and in paragraphs (1) to (3), (5) and (7) of its Article 40 or, in any event, has failed to notify the Commission of any such measures, such that Ireland has failed to fulfil its obligations under Article 49(1) of that Directive;

—Impose a penalty payment on Ireland pursuant to Article 260(3) TFEU in the amount of EUR 20 358 per day, with effect from the date of the judgment of the Court and payable to the account of the Union's own resources, for failure to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure; and

—order Ireland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 3 March 2011.

(1) OJ L 211, p. 55