# C_2013225EN.01000301.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/3 |
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3.8.2013

EN

Official Journal of the European Union

C 225/3

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Judgment of the Court (Fourth Chamber) of 27 June 2013 — European Commission v Republic of Poland

(Case C-569/10) (1)

1

(Failure of a Member State to fulfil obligations - Directive 94/22/EC - Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons - Non-discriminatory access)

2013/C 225/04

Language of the case: Polish

Parties

Parties

Applicant: European Commission (represented by: K. Herrmann and M. Owsiany-Hornung, acting as Agents)

Applicant:

Defendant: Republic of Poland (represented by: M. Szpunar, M. Drwięcki and. B. Majczyna, acting as Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Incorrect and/or incomplete transposition of Articles 2(2), 3(1) and 5(1) and (2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ 1994 L 164, p. 3) — Non-discriminatory access to those activities and to the exercise thereof

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, in failing to adopt the measures necessary to ensure that access to activities relating to the prospection, exploration and extraction of hydrocarbons is free of all discrimination as between interested entities and that the authorisations to carry out those activities are granted following a procedure in which all interested entities may submit applications in accordance with criteria published in the Official Journal of the European Union prior to the beginning of the period in which applications may be submitted, the Republic of Poland has failed to comply with its obligations under Articles 2(2) and 5(1) and (2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons. |
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1.

Declares that, in failing to adopt the measures necessary to ensure that access to activities relating to the prospection, exploration and extraction of hydrocarbons is free of all discrimination as between interested entities and that the authorisations to carry out those activities are granted following a procedure in which all interested entities may submit applications in accordance with criteria published in the Official Journal of the European Union prior to the beginning of the period in which applications may be submitted, the Republic of Poland has failed to comply with its obligations under Articles 2(2) and 5(1) and (2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons.

| 2. | Dismisses the action as to the remainder. |
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2.

Dismisses the action as to the remainder.

| 3. | Orders the European Commission and the Republic of Poland to bear their own costs. |
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3.

Orders the European Commission and the Republic of Poland to bear their own costs.

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(1)  OJ C 46, 12.2.2011.

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