24.9.2011

EN

Official Journal of the European Union

C 282/13

(Case C-374/11)

2011/C 282/24

Language of the case: English

Parties

Applicant: European Commission (represented by: E. White, I. Hadjiyiannis, A. Marghelis, agents)

Defendant: Ireland

The applicant claims that the Court should:

—declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-188/08 Commission v Ireland, Ireland has failed to fulfil its obligations wider Article 260 TFEU;

—order Ireland to pay to the Commission a lump sum of EUR 4 771,20 multiplied by the number of days between the judgment in Case C-188/08 and the judgment in the present proceedings (or full compliance by Ireland with the judgment in Case C-188/08 if that should be achieved during the pendency of these proceedings);

—order Ireland to pay to the Commission a daily penalty payment of EUR 26 173,44 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the judgment in Case C-188/08; and

—order Ireland to pay the costs of this action.

Pleas in law and main arguments

More than one and a half years have elapsed since the Court’s judgment in Case C-188/08. The Commission considers that this should have been sufficient time for Ireland to comply with the judgment of the Court. It notes, indeed, that Ireland announced that it intended to have the required legislation adopted by the end of 2010. However that goal has not been respected and Ireland does not appear to be close to achieving full compliance. Accordingly, the Commission considers that Ireland has failed to satisfy its obligation under Article 260(1) TFEU.