29.8.2022

Official Journal of the European Union

C 326/16

(Case C-457/22)

(2022/C 326/24)

Language of the case: Slovenian

Parties

Applicant: European Commission (represented by: M. Kocjan, L. Malferrari, E. Manhaeve and U. Małecka)

Defendants: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:

—declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, (1) or by having failed to notify the Commission thereof in each case, the Republic of Slovenia has failed to fulfil its obligations under Article 124(1) of that directive;

—order the Republic of Slovenia to pay a penalty payment, under Article 260(3) TFEU, in the sum of EUR 6 256,17 per day, as from the day of delivery of the Court’s judgment in the present case since it has failed to fulfil its obligation to notify the Commission of the measures transposing Directive (EU) 2018/1972;

—order the Republic of Slovenia, in accordance with Article 260(3) TFEU, to pay a lump sum of EUR 1 390,77 per day multiplied by the number of days for which the infringement continues, that lump sum being at least EUR 383 000;

—order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code creates a legal framework to ensure the freedom to provide electronic communications networks and services at EU level. The deadline for transposing that directive was 21 December 2020.

At the time the deadline for transposing that directive was reached, the Republic of Slovenia had not notified the Commission of any measures transposing it. On 4 February 2021, the Commission sent a letter of formal notice to the Republic of Slovenia and, on 23 September 2021, sent a reasoned opinion to the latter. In spite of this, the Republic of Slovenia is still yet to adopt the measures necessary to transpose that directive into national law and therefore has not notified the Commission that it has done so.

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) Text with EEA relevance (OJ 2018 L 321, p. 36).