Judgment of the Court (Grand Chamber) of 16 July 2020 – European Commission v Romania
(Case C-549/18) 1
(Failure of a Member State to fulfil obligations – Article 258 TFEU – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Failure to transpose and/or to notify transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum)
Language of the case: Romanian
Parties
Applicant: European Commission (represented by: T. Scharf, L. Flynn, G. von Rintelen, L. Nicolae and L. Radu Bouyon, Agents)
Defendant: Romania (represented initially by: C.-R. Canţăr, E. Gane, L. Liţu and R.I. Haţieganu, and subsequently by E. Gane, L. Liţu and R.I. Haţieganu, Agents)
Interveners in support of the defendant: Kingdom of Belgium (represented by: C. Pochet, P. Cottin and J.-C. Halleux, Agents), Republic of Estonia (represented by: N. Grünberg, Agent), French Republic (represented by: A.-L. Desjonquères, B. Fodda and J.-L. Carré, Agents), Republic of Poland (represented by: B. Majczyna, Agent)
Operative part of the judgment
The Court:
Declares that, by having failed to adopt, on the expiry of the period prescribed in the reasoned opinion of 8 December 2017, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, and, therefore, by having failed to notify those provisions to the European Commission, Romania has failed to fulfil its obligations under Article 67 of Directive 2015/849;
Orders Romania to pay the European Commission a lump sum in the amount of EUR 3 000 000;
Orders Romania to pay the costs;
Orders the Kingdom of Belgium, the Republic of Estonia, the French Republic and the Republic of Poland to bear their own costs.
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1 OJ C 381, 22.10.2018.