This document is an excerpt from the EUR-Lex website
Document 62012CN0148
Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
OJ C 138, 12.5.2012, p. 10–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.5.2012 |
EN |
Official Journal of the European Union |
C 138/10 |
Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
(Case C-148/12)
(2012/C 138/16)
Language of the case: German
Parties
Applicant: European Commission (represented by: P. Hetsch and G. Braun, acting as Agents)
Defendant: Federal Republic of Germany
Form of order sought
The applicant claims that the Court should:
— |
declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways, (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive; |
— |
impose upon the Federal Republic of Germany, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/110/EC at the daily rate of EUR 148 094,1, payable to the European Union’s own resources account; |
— |
order the Federal Republic of Germany to pay the costs. |
Pleas in law and main arguments
The time-limit for the transposition of the directive expired on 24 December 2010.