Action brought on 14 February 2018 — European Commission v Romania
(Case C-116/18)
Language of the case: Romanian
Parties
Applicant: European Commission (represented by: J. Samnadda, L. Nicolae and G. von Rintelen, acting as Agents)
Defendant: Romania
Form of order sought
The Commission claims that the Court should:
find that, by failing to adopt, by 10 April 2016, 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, because it did not communicate such measures to the Commission, Romania has failed to fulfil its obligations under Article 43(1) of that directive;
order Romania, in accordance with Article 260(3) TFEU, to pay a penalty of EUR 42 377.60 for each day of delay in complying with its obligation to communicate the measures necessary to ensure full transposition of Directive 2014/26/EU, with effect from the day on which judgment is delivered in the present case;
order Romania to pay the costs.
Pleas in law and main arguments
In accordance with Article 43(1) of Directive 2014/26/EU, the Member States are under an obligation to adopt and implement the laws, regulations and administrative provisions necessary to comply with that directive by 10 April 2016, and to communicate those measures to the Commission. Therefore, it is for the Member States to adopt the measures necessary to transpose a directive into national law within the prescribed time limit and to communicate those measures to the Commission.
The Commission also proposes that a penalty of EUR 42 377.60 be applied to Romania for each day of delay in complying with its obligation to communicate the measures necessary to ensure full transposition of Directive 2014/26/EU, with effect from the day on which judgment is delivered in the present case. The amount of that penalty has been determined by taking into account the seriousness and the duration of the infringement, as well as the need to ensure that the penalty has a deterrent effect, according to that Member State’s ability to pay.
The time limit for transposing the directive into national law expired on 10 April 2016.
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1 OJ 2014 L 84, p. 72.