Action brought on 28 February 2018 — European Commission v Kingdom of Spain

(Case C-165/18)

Language of the case: Spanish

Parties

Applicant: European Commission (representatives: P. Ondrůšek, E. Sanfrutos Cano and G. von Rintelen, Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court of Justice should:

Declare that, by failing to adopt, by 18 April 2016, all of the laws, regulations and administrative provisions necessary to comply with Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014, ¹ or, in any case, by failing to notify those measures to the Commission, the Kingdom of Spain has failed to fulfil its obligations under Article 106(1) 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 case, notify to the Commission, the measures necessary to comply with Directive 2014/25/EU;

Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for adapting national law to Directive 2014/25/EU of the European Parliament and of the Council ended on 18 April 2016.

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¹     Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243).