Brussels, 11/12/2014 (Agence Europe) - In an opinion delivered on Thursday 11 December (case C-320/13), Advocate General Melchior Wathelet says that Poland has failed to fulfil its obligation to transpose the renewable energy directive. Poland should, therefore, be ordered to pay a daily penalty payment of €61,380 effective from the date of the delivery of the Court's judgment, he said.
Directive 2009/28 sets, in particular, compulsory national targets for the overall share of energy from renewable sources in gross final consumption of energy and in transport. Given that the acts notified by Poland do not constitute transposition of the directive, the Commission brought an action before the Court seeking an order imposing upon Poland a penalty payment of €61,380 per day of delay as from the day on which judgment is delivered in this case.
In his opinion, the Advocate General proposes that the Court find that Poland has infringed EU law. Considering the seriousness of the failure to fulfil obligations, its duration, the uniform flat-rate proposed by the Commission, as well as the ability to pay, the Advocate General proposes that the Court impose on Poland a daily penalty payment of €61,380 per day of delay until such time as the latter notifies to the Commission the measures transposing the directive. He also proposes that the payment obligation take effect from the date of the Court's judgment, on condition that the failure to fulfil obligations continues at the date of its delivery. (LC)