CJEU: Spain must pay €15M, and a daily penalty of €89K, for failing to transpose the Law Enforcement Directive

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On February 25, the Court of Justice of the European Union (CJEU) issued a judgement declaring that Spain has failed to fulfil its obligations to adopt the measures necessary to ensure the transposition of the Law Enforcement Directive (Directive on the protection of personal data for the purposes of the prevention and detection of criminal offences) into national law by the agreed deadline of 6 May 2018, nor has it notified those measures to the Commission.

In the light of the seriousness and duration of the infringement, the Court orders Spain to pay the Commission a lump sum in the amount of € 15.000.000 and, should the infringement established have persisted up to the date of delivery of its judgment, as from that date and until the infringement established has been brought to an end, a daily penalty payment of € 89.548. The present judgment is the first in which the Court imposes, pursuant to Article 260(3) TFEU, the two types of financial penalties concurrently.

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