Action brought on 27 September 2017 — European Commission v Kingdom of Spain
(Case C-569/17)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: T. Scharf, G. von Rintelen and I. Galindo Martín, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
The applicant claims that the Court should:
declare that by failing to adopt before 21 March 2016 the laws, regulations and administrative provisions necessary to comply with Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 1 or, in any event, by failing to notify the Commission of those provisions, the Kingdom of Spain has failed to fulfil its obligations under Article 42(1) of Directive 2014/17/EU;
order the Kingdom of Spain, in accordance with Article 260(3) TFEU, to pay a daily penalty payment of EUR 105 991.60, with effect from the date of delivery of the judgment establishing its failure to fulfil its obligation to adopt or, in any event, to notify the Commission of the provisions necessary to comply with Directive 2014/17/EU;
order the Kingdom of Spain to pay the costs of the proceedings.
Pleas in law and main arguments
The Member States were required, under Article 42(2) of Directive 2014/17/EU, to adopt the national measures necessary to transpose the obligations under Directive 2014/17/EU by 21 March 2016. As the Kingdom of Spain has not given notification of the transposition of the directive, the Commission decided to refer the matter to the Court of Justice.
In its application, the Commission proposes that the Court of Justice impose a daily penalty payment of EUR 105 991.60 on the Kingdom of Spain. The amount of that penalty payment having been calculated taking into account the gravity and duration of the infringement and the deterrent effect based on that Member State’s ability to pay.
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1 OJ 2014, L 60, p.34.