Action brought on 30 January 2024 – European Commission v Kingdom of Belgium
(Case C-68/24)
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: E. Schmidt and F. van Schaik, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
The Commission claims that the Court should:
declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with 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/EU, 1 or in any event by failing to notify those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 20(1) of that directive;
order the Kingdom of Belgium to pay to the Commission a lump sum corresponding to the higher of the following amounts:
a daily amount of EUR 3 360 multiplied by the number of days the infringement lasted between the day following the expiry of the period for transposition laid down in the Directive and the date on which the infringement ceased, or in the absence of termination, the date of delivery of the judgment in this case under Article 260(3) TFEU; or
a lump sum of EUR 2 352 000;
declare that, if the failure to fulfil obligations established in the first indent still persists on the date of delivery of the judgment in the present case, the Kingdom of Belgium be ordered to pay to the Commission a penalty payment of EUR 15 120 for each day of delay from the date of delivery of the judgment of the Court of Justice in the present case until the date on which the Kingdom of Belgium fully complies with its obligations under Directive (EU) 2019/1158;
order the Kingdom of Belgium to pay the costs.
Pleas in law and main arguments
The deadline for transposition of the Directive into national law expired on 2 August 2022.
Directive (EU) 2019/1158 is aimed at strengthening the Union’s legal framework and promoting gender equality by laying down minimum requirements related to paternity leave, parental leave and carers’ leave, and flexible working arrangements for workers who are parents or carers. Under Article 20(1) of Directive (EU) 2019/1158, Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 2 August 2022 and immediately inform the Commission thereof.
The Kingdom of Belgium has failed to fulfil those obligations. The Commission therefore sent the Kingdom of Belgium a letter of formal notice on 21 September 2022. The responses to that letter of formal notice showed that Belgium still had to take the necessary measures to comply fully with Directive (EU) 2019/1158. As the necessary measures had still not been taken after some time, or at least the Commission had not been notified of full transposition, the Commission sent a reasoned opinion to the Kingdom of Belgium on 19 April 2023. In response to the reasoned opinion, by letter dated 19 June 2023, the Kingdom of Belgium acknowledged that it had not fully transposed Directive (EU) 2019/1158 within the period prescribed and provided the Commission with an overview of the measures still to be taken to fully comply with Directive (EU) 2019/1158.
The Commission submits that the Kingdom of Belgium has failed to fulfil its obligations under Article 20(1) of Directive (EU) 2019/1158 to adopt, by 2 August 2022 at the latest, the laws, regulations and administrative provisions necessary to comply with that directive and to inform the Commission thereof without delay. The conditions for the application of Article 260(3) TFEU are therefore fulfilled.
The Commission asks the Court to order the Kingdom of Belgium to pay a lump sum and a penalty payment under Article 260(3) TFEU, the amount of which the Commission has calculated on the basis of the Communication on Financial sanctions in infringement proceedings. 1
____________
1 OJ 2019 L 188, p. 79.
1 OJ 2023 C 2, p. 1.