# C_2023205EN.01003201.xml

| 12.6.2023 | EN | Official Journal of the European Union | C 205/32 |
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12.6.2023

EN

Official Journal of the European Union

C 205/32

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Action brought on 31 March 2023 — European Commission v Republic of Poland

(Case C-212/23)

(2023/C 205/36)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: U. Małecka and J. Samnadda, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The Commission claims that the Court should:

| — | declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC, (1) and by failing to inform the Commission of such measures, the Republic of Poland has failed to fulfil its obligations under Article 12(1) of that directive; |
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declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC, (1) and by failing to inform the Commission of such measures, the Republic of Poland has failed to fulfil its obligations under Article 12(1) of that directive;

| — | order the Republic of Poland to pay the Commission a lump sum equivalent to the greater of the two following amounts: (i) a daily amount of EUR 13 700 multiplied by the number of days which elapse from the day following the date of expiry of the time limit for transposition laid down in Directive 2019/789 to the date of termination of the infringement, or — in the event of non-termination of the infringement — to the date of delivery of the judgment in the present case; (ii) a minimum lump sum of EUR 3 836 000; |
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order the Republic of Poland to pay the Commission a lump sum equivalent to the greater of the two following amounts: (i) a daily amount of EUR 13 700 multiplied by the number of days which elapse from the day following the date of expiry of the time limit for transposition laid down in Directive 2019/789 to the date of termination of the infringement, or — in the event of non-termination of the infringement — to the date of delivery of the judgment in the present case; (ii) a minimum lump sum of EUR 3 836 000;

| — | order the Republic of Poland, if the failure to fulfil obligations stated in the first indent is ongoing on the date of delivery of the judgment in the present case, to pay the Commission a periodic penalty payment of EUR 82 200 for each day of delay from the date of delivery of the judgment in the present case to the date on which the Republic of Poland complies with its obligations under Directive 2019/789; and |
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order the Republic of Poland, if the failure to fulfil obligations stated in the first indent is ongoing on the date of delivery of the judgment in the present case, to pay the Commission a periodic penalty payment of EUR 82 200 for each day of delay from the date of delivery of the judgment in the present case to the date on which the Republic of Poland complies with its obligations under Directive 2019/789; and

| — | order the Republic of Poland to pay the costs. |
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order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The aim of Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC, is to enhance access to a greater number of television and radio programmes from different Member States by facilitating the clearance of copyright and related rights. According to Article 12(1) of Directive 2019/789, the Member States were obliged to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 7 June 2021 at the latest. The Member States were also obliged to inform the Commission immediately of the measures adopted.

The Commission sent a letter of formal notice to the Republic of Poland on 23 July 2021. On 19 May 2022, the Commission submitted a reasoned opinion to the Republic of Poland. In spite of this, no transposing measures have yet been adopted by the Republic of Poland; nor have they been notified to the Commission. The measures which the Republic of Poland had indicated as partially transposing Directive 2019/789 into the Polish legal order existed prior to the adoption of the directive and do not contain any reference to that directive (interconnecting clause).

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(1)  OJ 2019 L 130, p. 82.

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