30.7.2011
EN
Official Journal of the European Union
C 226/17
Action brought on 31 May 2011 — European Commission v Kingdom of Sweden
(Case C-270/11)
2011/C 226/33
Language of the case: Swedish
Parties
Applicant: European Commission (represented by: C. Tufvesson and F. Coudert, acting as Agents)
Defendant: Kingdom of Sweden
Form of order sought
—
Declare that Sweden failed to fulfil its obligations under Article 260(1) TFEU in that it has not adopted the measures necessary to comply with the judgment of the Court of Justice in Case C-185/09;
—
Order Sweden to pay the Commission, to the account ‘European Union own resources’, a daily penalty of EUR 40 947,20 for each day that the necessary measures are not taken to comply with the judgment of the Court in Case C-185/09, from the day on which the judgment in the present case is delivered until the day on which the judgment in Case C-185/09 is complied with inclusive;
—
Order Sweden to pay the Commission, to the same account, a fixed daily amount of EUR 9 597 for each day that the necessary measures are not taken to comply with the judgment of the Court in Case C-185/09, from the day on which the judgment in Case C-185/09 was delivered until the day on which judgment is delivered in the present case or until the day on which the measures necessary to comply with that judgment in Case C-185/09 are taken, if that is earlier; and
—
Order the Kingdom of Sweden to pay the costs.
Pleas in law and main arguments
In the judgment of the Court of 4 February 2010 (Case C-185/09 Commission v Kingdom of Sweden), the Court held:
‘By failing, within the period prescribed, to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Kingdom of Sweden has failed to fulfil its obligations under that directive.’
The Kingdom of Sweden has still not adopted any measures to comply with the judgment of the Court in Case C-185/09. The Commission has therefore brought proceedings in accordance with Article 260(2) of the Treaty on the Functioning of the European Union and claims that the Kingdom of Sweden should pay financial penalties.
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