Judgment of the Court (Grand Chamber) of 25 June 2013 – European Commission v Czech Republic
(Case C-241/11) 1
(Failure of a Member State to fulfil obligations – Directive 2003/41/EC – Activity and supervision of institutions for occupational retirement provision – Partial failure to transpose within the prescribed period – Judgment of the Court establishing that a Member State has failed to fulfil its obligations – Failure to comply with the judgment – Article 260(2) TFEU – Financial penalties – Lump sum)
Language of the case: Czech
Parties
Applicant: European Commission (represented by: Z. Malůšková, N. Yerrell and K.P. Wojcik, Agents)
Defendant: Czech Republic (represented by: M. Smolek and J. Očková, Agents)
Re:
Failure of a Member State to fulfil obligations – Non-implementation of the judgment of the Court of Justice of 14 January 2010 in Case C-343/08 Commission v Czech Republic – Failure to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ 2003 L 235, p. 10) – Imposition of a lump sum payment and a penalty payment
Operative part of the judgment
The Court:
1. Declares that, by failing to take, by the date of expiry of the period prescribed in the letter of formal notice sent to the Czech Republic by the European Commission pursuant to Article 260(2) TFEU, all the measures necessary to comply with the judgment of 14 January 2010 in Case C-343/08 Commission v Czech Republic, the Czech Republic has failed to fulfil its obligations under Article 260(1) TFEU;
2. Orders the Czech Republic to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 250 000;
3. Orders the Czech Republic to pay the costs.
____________1 OJ C 232, 6.8.2011.