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Document 62012CN0148

    Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany

    SL C 138, 12.5.2012, p. 10–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    12.5.2012   

    EN

    Official Journal of the European Union

    C 138/10


    Action brought on 26 March 2012 — European Commission v Federal Republic of Germany

    (Case C-148/12)

    (2012/C 138/16)

    Language of the case: German

    Parties

    Applicant: European Commission (represented by: P. Hetsch and G. Braun, acting as Agents)

    Defendant: Federal Republic of Germany

    Form of order sought

    The applicant claims that the Court should:

    declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways, (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;

    impose upon the Federal Republic of Germany, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/110/EC at the daily rate of EUR 148 094,1, payable to the European Union’s own resources account;

    order the Federal Republic of Germany to pay the costs.

    Pleas in law and main arguments

    The time-limit for the transposition of the directive expired on 24 December 2010.


    (1)  OJ 2008 L 345, p. 62.


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