15.1.2018

EN

Official Journal of the European Union

C 13/7

(Case C-605/17)

(2018/C 013/08)

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: J. Javorský, L. Nicolae and G. von Rintelen, acting as Agents)

Defendant: Slovak Republic

Form of order sought

—declare that, by failing to adopt by 1 January 2016 at the latest the laws, regulations and administrative provisions necessary to comply fully with Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks, (1) or in any event by failing to inform the Commission of those measures, the Slovak Republic has failed to fulfil its obligations under Article 13 of that directive;

—impose on the Slovak Republic, in accordance with Article 260(3) TFEU, a penalty of EUR 10 036,80 for each day from the date of delivery of the judgment in the present case on the ground of failure to fulfil the obligation to notify the measures adopted to transpose Directive 2014/61/EU;

—order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The period for adopting measures to transpose the directive expired on 1 January 2016.

1.The Member States are obliged under Article 13 of Directive 2014/61/EU to adopt the national measures necessary to transpose the directive by 1 January 2016 at the latest. Since the Commission did not receive confirmation from the Slovak Republic of the full transposition of Directive 2014/61/EU, it decided to bring an action before the Court of Justice.

2.By its action the Commission seeks for a daily penalty of EUR 10 036,80 to be imposed on the Slovak Republic. The amount of the penalty was calculated taking into account the seriousness and length of time of the infringement, and also the deterrent effect on the basis of the payment capacity of that Member State.

(1) OJ 2014 L 155, p. 1.