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Document 62012CN0532

Case C-532/12: Action brought on 23 November 2012 — European Commission v Grand Duchy of Luxembourg

OJ C 26, 26.1.2013, p. 37–37 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 26/37

Action brought on 23 November 2012 — European Commission v Grand Duchy of Luxembourg

(Case C-532/12)

2013/C 26/70

Language of the case: French


Applicant: European Commission (represented by: P. Hetsch, O. Beynet, A. Tokár, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

Declare that, by not having adopted the laws, regulations and administrative provisions necessary to transpose Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (1) or, in any event, by not having notified those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 72(1) of that directive;

impose on the Grand Duchy of Luxembourg, in accordance with Article 260(3) TFEU, a penalty payment of EUR 8 320 per day from the date of delivery of the judgment in this case;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of Directive 2009/81/EC expired on 21 August 2011.

(1)  OJ L 216, 20.8.2009, p. 76.