6.4.2013

EN

Official Journal of the European Union

C 101/11

(Case C-55/13)

2013/C 101/25

Language of the case: Polish

Parties

Applicant: European Commission (represented by: P. Hetsch, O. Beynet and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought

—declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 2(15), (16), (22), (34) and (35), Article 3(4) and (9), Article 6(1) to (3) and Article 7(1) and (3); Article 9, Article 14 and Articles 17 to 23; Articles 10 and 11; Article 16; Article 26(2)(c), second sentence et seq., and Article 26(2)(d), third and fourth sentences; Article 26(3); Article 27(2); Article 29; Article 31; Article 36; Article 42(1) to (4); Article 43(1), (4) and (8); and Article 44 of, and points 1 and 2 of Annex I to, Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 54(1) of that directive;

—impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/73/EC at the daily rate of EUR 88 819,20 from the day 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 for transposing Directive 2009/73/EC expired on 3 March 2011.

(1) OJ 2009 L 211, p. 94.