Judgment of the Court (Eighth Chamber) of 9 November 2023 –
Commission v Sweden (Control of the acquisition and possession of weapons)
(Case C‑353/22) (1)
(Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2017/853 – Control of the acquisition and possession of weapons – Article 260(3) TFEU – Pecuniary penalties – Transposition and notification of transposition measures in the course of proceedings – Order to pay a lump sum)
1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion
(Art. 258 TFEU; Council Directive 91/477)
(see paragraph 24)
2. Actions for failure to fulfil obligations – Disregard of the obligations imposed by a directive – Obligation to notify transposition measures – Scope
(Art. 260(3) TFEU; Council Directive 91/477)
(see paragraph 50)
3. Actions for failure to fulfil obligations – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Failure to fulfil the obligation to notify measures transposing a directive – Pecuniary penalties – Lump sum – Calculation of the amount – Criteria – Failure to fulfil obligations which came to an end at the time of the Court’s examination of the facts – Irrelevant
(Art. 260(2) and (3) TFEU; Council Directive 91/477)
(see paragraphs 52-54, 58, 62-66, 72, 74-76)
4. Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible
(Art. 258 TFEU)
(see paragraph 70)
Operative part
The Court:
1. | | Declares that, by having failed to adopt, upon the expiry of the period prescribed in the reasoned opinion, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, and, therefore, by having failed to notify the said laws, regulations and administrative provisions to the European Commission, the Kingdom of Sweden has failed to fulfil its obligations under Article 2 of Directive 2017/853; |
2. | | Orders the Kingdom of Sweden to pay the European Commission a lump sum in the amount of EUR 8 500 000; |
3. | | Orders the Kingdom of Sweden to pay the costs. |