3.8.2013
EN
Official Journal of the European Union
C 226/8
Action brought on 12 June 2013 — European Commission v Republic of Poland
(Case C-320/13)
(2013/C 226/14)
Language of the case: Polish
Parties
Applicant: European Commission (represented by: P. Hetsch and K. Herrmann, Agents)
Defendant: Republic of Poland
Form of order sought
—
declare that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure compliance with 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 in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 27(1) of that directive;
—
impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/28/EC at the daily rate of EUR 133 228,80 from the day on which judgment is delivered in the present case;
—
order the Republic of Poland to pay the costs of the proceedings.
Pleas in law and main arguments
The period for transposing Directive 2009/28/EC expired on 5 December 2010.
(1) OJ 2009 L 140, p. 16.
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