Action brought on 30 January 2024 – European Commission v Ireland

(Case C-69/24)

Language of the case: English

Parties

Applicant: European Commission (represented by: J. Norris and E. Schmidt, Agents)

Defendant: Ireland

The applicant claims that the Court should:

declare that the Republic of Ireland has failed to fulfil its obligations under Article 20 of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU¹ by failing to adopt the laws, regulations and administrative provisions necessary to comply with that directive, or in any event by failing to notify them to the Commission;

to order Ireland to pay to the Commission a lump sum corresponding to the higher of the following amounts (i) a daily amount of EUR 3 300 multiplied by the number of days that the infringement has persisted between the day after the time limit for transposition set out in the directive expired and the date the infringement comes to an end, or failing compliance, the date of delivery of the judgment under Article 260 (3) TFEU; or (ii) a minimum lump sum of EUR 1 540 000;

in the event that the failure to fulfil the Member State’s obligations referred to in [the first indent] continues until the date of delivery of the judgment in the present case, order the Republic of Ireland to pay the Commission a penalty payment in the amount of EUR 14 850 per day from the date of delivery of the judgment in the present case until the date on which the obligations under Directive (EU) 2019/1158 are fulfilled;

order Ireland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 2 August 2022.

The Directive on Work Life Balance aims to reinforce the Union’s legal framework and to promote gender equality by guaranteeing minimum requirements related to paternity leave, parental leave and carers' leave, and to flexible working arrangements for workers who are parents, or carers. Pursuant to Article 20 (1) of the Directive on Work Life Balance, Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive at the latest by 2 August 2022. Member States are also required to inform the Commission of the provisions of law adopted explaining how they correspond to the provisions of the Directive.

The Commission submits that the Republic of Ireland has not fulfilled that obligation. It states that, on 21 September 2022, it accordingly sent a letter of formal notice to the Republic of Ireland. The Republic of Ireland replied to that letter of formal notice by letters of 22 November 2022 explaining that the delay in the transposition of Directive (EU) 2019/1158 was due to the fact that the legislation necessary to implement its obligations under the Directive was going through the domestic legislative procedure.

The Commission maintains that, on 19 April 2023, it sent a reasoned opinion to the Republic of Ireland, to which the latter replied by letter of 19 June 2023 in which it acknowledged that it had not fully transposed the Directive and that work was ‘in progress’. In further correspondence from the Republic of Ireland dated 24 July 2023 and 13 November 2023, the Republic of Ireland expressed its regret that the Directive has not yet been fully transposed. In particular, legislation to provide for the entitlement to flexible working pursuant to Article 9 of the Directive has not yet been made effective under national law. The Republic of Ireland indicated that work continues.

The Commission submits that the Republic of Ireland has failed to fulfil its obligation under Article 20 of Directive (EU) 2019/1158 to adopt the laws, regulations and administrative provisions necessary to comply with that Directive by 2 August 2022 and to immediately inform the Commission thereof. It maintains that, consequently, the conditions for the application of Article 260(3) TFEU are satisfied.

The Commission therefore claims that the Republic of Ireland should be ordered to pay a lump sum and a penalty payment pursuant to Article 260(3) TFEU and requests amounts that it calculated in accordance with the Commission Communication on financial sanctions in infringement proceedings¹ .

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¹ OJ 2019, L 188, p. 79.

¹ OJ 2023, C 2, p. 1.