Language of document :

Action brought on 25 September 2017 — European Commission v Kingdom of Belgium

(Case C-564/17)

Language of the case: French

Parties

Applicant: European Commission (represented by: C. Cattabriga, G. von Rintelen and R. Troosters, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

find that, by failing to adopt, no later than 25 December 2013, all the laws, regulations and administrative provisions necessary to comply with Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, 1 and in any event by failing to communicate those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 16(1) of the directive;

order the Kingdom of Belgium to pay, pursuant to Article 260(3) TFEU, a penalty payment of EUR 70 828.80 per day, from the date on which judgment is delivered in the present case, for failure to comply with the obligation to give notification of the measures transposing Directive 2011/98/EU;

order Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The Member States were required, under the first subparagraph of Article 16(1) of Directive 2011/98/EU, to adopt the national measures required to transpose the obligations under the directive no later than 25 December 2013. As Belgium has failed to confirm that it has adopted all the measures necessary to fully transpose the directive, the Commission has decided to bring the present action before the Court of Justice.

In its application, the Commission proposes that the Kingdom of Belgium be ordered to pay a penalty payment of EUR 70 828.80 per day. The amount of the penalty payment has been calculated taking into account the seriousness and duration of the infringement and as well as the deterrent effect in the light of the Member State’s ability to pay.

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1 OJ 2011 L 343, p. 1.