Action brought on 13 December 2013 – European Commission v Republic of Austria

(Case C-663/13)

Language of the case: German


Applicant: European Commission (represented by: P. Hetsch, K. Herrmann and T. Maxian Rusche, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:

Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Article 2(a), (b), (d), (f), (g), (h) and (n); Article 3(4)(a) and (b); Article 5; Article 13(1)(e) and the second and third subparagraphs of Article 13(6); Article 14(2), (3), (4) and (5); the second sentence of Article 16(1), the first subparagraph of Article 16(3), the second sentence of Article 16(4), Article 16(6), (7) and (8); Article 17(1)(c) in relation to biofuels, Article 17(2) in relation to bioliquids, Article 17(3)(b)(i) in relation to other Member States and third countries, Article 17(3)(a), Article 17(3)(b)(ii), Article 17(3)(c), Article 17(4)(a) to (c) and Article 17(8); Article 18(1) in relation to bioliquids; and Article 19(1) and (3) in respect of bioliquids of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC 1 , and with Annexes II, III, IV and V to that directive, either in the whole of the federal territory or in some parts thereof, or by not informing the Commission of such provisions, the Republic of Austria has failed to fulfil its obligations under Article 27(1) of that directive;

Order the Republic of Austria, in accordance with Article 260(3) TFEU, on account of its failure to fulfil the obligation to notify implementing measures, to pay a penalty payment in the daily amount of EUR 40 512, payable to the own-resources account of the European Union, as from the date of the Court’s judgment declaring that there has been a failure to fulfil obligations;

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired on 5 December 2010.



1 OJ 2009 L 140, p. 16.