Action brought on 29 September 2016 — European Commission v Grand Duchy of Luxembourg

(Case C-511/16)

Language of the case: French

Parties

Applicant: European Commission (represented by: M. van Beek, G. von Rintelen, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The applicant claims that the Court should:

declare that in not adopting by 1 June 2015 the laws, regulations and administrative provisions necessary to comply with Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures, or at least in not informing the Commission of those measures, the Grand Duchy of Luxembourg failed to comply with its obligations under Article 6(1) of Directive 2014/27/EU;

impose upon the Grand Duchy of Luxembourg, under Article 260(3) TFEU, a daily penalty payment of EUR 8 710 with effect from the day of delivery of the judgment of the Court in the present case for failure to fulfil the obligation to communicate the measures transposing Directive 2014/27/EU;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposing the directive expired on 1 June 2015.

The Grand Duchy of Luxembourg failed to fulfil its obligation to notify measures transposing Directive 2014/27/EU within the period for its transposition laid down in Article 6(1) of that directive.

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