EN

Official Journal of the European Union

C 138/10

(Case C-148/12)

(2012/C 138/16)

Language of the case: German

Parties

Applicant: European Commission (represented by: P. Hetsch and G. Braun, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:

—declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways, (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;

—impose upon the Federal Republic of Germany, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/110/EC at the daily rate of EUR 148 094,1, payable to the European Union’s own resources account;

—order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The time-limit for the transposition of the directive expired on 24 December 2010.

(1) OJ 2008 L 345, p. 62.