16.3.2013   

EN

Official Journal of the European Union

C 79/8

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declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 2(1), (22), (32) and (33), Article 3(7), (8) and (13), Article 6(1) and (3), Article 9 as well as Articles 13 to 14 and Articles 17 to 23, Articles 10 and 11, Article 16(1) and (2), Article 26(2)(b), (c) and (d), third and fourth sentences, Article 29, Article 38(1) to (4), Article 39(1) to (4) and Article 40(1) to (3) and (5) to (7) of, and points 1 and 2 of Annex I to, Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/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 49(1) of that directive;

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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 2009/72/EC at the daily rate of EUR 84 378,24 from the day on which judgment is delivered in the present case;

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order the Republic of Poland to pay the costs.