# C_2023155EN.01004201.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/42 |
| --- | --- | --- | --- |

2.5.2023

EN

Official Journal of the European Union

C 155/42

---

Action brought on 10 March 2023 — European Commission v Republic of Poland

(Case C-147/23)

(2023/C 155/54)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: M. Owsiany-Hornung, J. Baquero Cruz, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:

| — | Declare that, by failing to adopt all laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (1) and by failing to communicate those provisions to the Commission, the Republic of Poland has failed to fulfil its obligations under Article 26(1) and (3) of that directive; |
| --- | --- |

—

Declare that, by failing to adopt all laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (1) and by failing to communicate those provisions to the Commission, the Republic of Poland has failed to fulfil its obligations under Article 26(1) and (3) of that directive;

| — | Order the Republic of Poland to pay the Commission a lump sum, corresponding to the higher of the following two sums: (i) a daily rate of EUR 13 700 multiplied by the number of days between the date following that of the expiry of the deadline for transposition laid down in that directive and the date on which the legal infringement was remedied, or, in the event that it is not remedied, the date on which the present judgment is delivered; (ii) a minimum lump sum of EUR 3 836 000; |
| --- | --- |

—

Order the Republic of Poland to pay the Commission a lump sum, corresponding to the higher of the following two sums: (i) a daily rate of EUR 13 700 multiplied by the number of days between the date following that of the expiry of the deadline for transposition laid down in that directive and the date on which the legal infringement was remedied, or, in the event that it is not remedied, the date on which the present judgment is delivered; (ii) a minimum lump sum of EUR 3 836 000;

| — | If the failure to fulfil obligations determined in point 1 lasts until the date of delivery of the judgment in the present proceedings, order the Republic of Poland to pay to the Commission penalty payments of EUR 53 430 per day from the date of delivery of the judgment in the present proceedings until the date on which the Republic of Poland fulfils its obligations under that directive; and |
| --- | --- |

—

If the failure to fulfil obligations determined in point 1 lasts until the date of delivery of the judgment in the present proceedings, order the Republic of Poland to pay to the Commission penalty payments of EUR 53 430 per day from the date of delivery of the judgment in the present proceedings until the date on which the Republic of Poland fulfils its obligations under that directive; and

| — | Order the Republic of Poland to pay the costs. |
| --- | --- |

—

Order the Republic of Poland to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/1937 of the European Parliament and of the Council lays down an effective system for the protection of persons who work in a private or public organisation or who are in contact with those organisations and who notify an infringement of EU law in certain areas. Pursuant to Article 26(1) of the Directive, Member States were supposed to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 17 December 2021. Under Article 26(3) of that directive, the Member States were also obliged to communicate to the Commission forthwith the text of those provisions.

On 27 January 2022, the Commission sent the Republic of Poland a letter of formal notice. On 15 July 2022, the Commission sent the Republic of Poland a reasoned opinion. However, the Republic of Poland has not thus far adopted or notified the measures necessary to transpose the directive.

---

(1)  OJ 2019 L 305, p. 17.

---