Action brought on 26 July 2023 – European Commission v Republic of Bulgaria

(Case C-479/23)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: M. Ilkova and P. Messina, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought

The Commission claims that the Court should:

find that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/520 ¹ of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union, or, in any event, by failing to notify them to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under Article 32(1) of that directive;

order the Republic of Bulgaria to pay the Commission a lump sum payment corresponding to the higher of the following two amounts: (i) a daily sum of EUR 1800, multiplied by the number of days between the day following the expiry of the time limit for transposition, laid down in that directive, and the day on which the infringement ceased, or, if the infringement has not ceased, the day on which the judgment is handed down, or (ii) a minimum lump sum payment of EUR 504 000;

in the event that the failure to fulfil the obligations referred to in the first indent continues up to the date of delivery of the judgment in the present proceedings, order the Republic of Bulgaria to make a periodic penalty payment to the Commission in the amount of EUR 9720 per day, from the date on which the Court gives judgment in the present proceedings until that State has fulfilled its obligations under the directive;

order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union establishes a set of rules, with the aim of achieving interoperability as regards road tolls and establishing a legal basis for the cross-border exchange of information in respect of vehicles and their owners or holders who have failed to pay road fees in the Union.

In accordance with Article 32(1) of the directive, the Member States had to bring into force the laws, regulations and administrative provisions necessary to comply with it by 19 October 2021 at the latest. The Member States were also required immediately to notify to the Commission the text of the adopted measures.

The Commission sent a letter of formal notice to the Republic of Bulgaria on 19 October 2021. On 19 May 2022, the Commission sent a reasoned opinion to the Republic of Bulgaria. Despite this, the transposing measures have not yet been adopted by the Republic of Bulgaria or notified to the Commission.

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¹ OJ 2019 L 91, p. 45.