Action brought on 22 March 2018 — European Commission v Kingdom of Spain
(Case C-207/18)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: É. Gippini Fournier, G. von Rintelen and J. Samnadda, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
The applicant claims that the Court should:
declare that, by failing to adopt, by 10 April 2016 at the latest, all of the laws, regulations and administrative provisions necessary to comply with Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market 1 or, in any event, by failing to notify those measures to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 43 of that directive;
impose on the Kingdom of Spain, in accordance with Article 260(3) TFEU, a daily penalty payment of EUR 123 928.64, with effect from the date of delivery of the judgment declaring the failure to fulfil the obligation to adopt, or, in any event, to notify to the Commission, the measures necessary to comply with Directive 2014/26/EU;
order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
Under Article 43(1) of Directive 2014/26/EU, Member States were required to adopt and publish, by 10 April 2016 at the latest, the laws, regulations and administrative provisions necessary to comply with that directive, and immediately to inform the Commission thereof.
Given that the Kingdom of Spain has failed fully to transpose Directive 2014/26/EU and has failed to notify the Commission of the transposition measures, the Commission has instituted the present proceedings before the Court of Justice.
The Commission proposes that the Kingdom of Spain should be ordered to pay, from the date of delivery of the judgment, a daily penalty of EUR 123 928.64, calculated with due regard to the seriousness and duration of the infringement as well as to the need to ensure a deterrent effect in the light of the financial capacity of that Member State.
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1 OJ 2014 L 84, p. 72.