EN

Official Journal of the European Union

C 157/4

(Case C-146/12)

2012/C 157/05

Language of the case: German

Parties

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

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:

—declare that the Federal Republic of Germany has failed to bring into force or to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Article 1, Article 2, Article 4(2), Article 5(2), (5), (6) and (8), Article 6(1), (2), (3), (9) and (10), Articles 7, 8 and 9, Article 11(4) and (5), Article 12, Article 13(5), Articles 15, 16 and 17, Article 18(1), (2), (4) and (5), Article 19(3), Articles 20 to 27, Article 28(4) and (6), Articles 32 to 35 and Annexes I to IX of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community; (1)

—order the Federal Republic of Germany, pursuant to Article 260(3) TFEU, to pay a daily penalty payment in the sum of EUR 215 409,60, payable to the own resources account of the European Union, on account of its failure to fulfil its obligation to notify transposing measures;

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

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 19 July 2010.

(1) OJ 2008 L 191, p. 1.