Judgment;Information — ECLI:EU:C:2025:373
Date: 2025-05-22
Language of the case: Bulgarian
Court formation: Tenth Chamber
Subject matter: Industrial policy
Procedure: Action for failure to fulfil obligations - successful
Origin: Bulgaria

Judgment of the Court (Tenth Chamber) of 22 May 2025 – Commission v Bulgaria (Open Data Directive and the re-use of public sector information) (Case C‑237/23) ( Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2019/1024 – Open data and the re-use of public sector information – Incomplete transposition of that directive and failure to notify the transposition measures immediately – Article 260(3) TFEU – Application for the imposition of a lump sum and a daily penalty payment – Discontinuance in part ) 1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see paragraph 55) 2. Actions for failure to fulfil obligations – Disregard of the obligations imposed by a directive – Obligation to notify transposition measures – Scope (Arts 4(3) and 17 TEU; Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024) (see paragraph 56) 3. Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see paragraph 61) 4. Actions for failure to fulfil obligations – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Failure to fulfil the obligation to notify measures transposing a directive – Financial penalties – Discretion of the Court – Criteria (Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024) (see paragraphs 63, 65, 66, 87-92, 104) 5. Actions for failure to fulfil obligations – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Failure to fulfil the obligation to notify measures transposing a directive – Financial penalties – Lump sum – Calculation of the amount – Criteria – Gravity of the infringement – Fundamental obligation – Mitigating circumstances – Existence of prior national rules – Scope (Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024) (see paragraphs 93, 97, 99-102) 6. Actions for failure to fulfil obligations – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Failure to fulfil the obligation to notify measures transposing a directive – Financial penalties – Lump sum – Calculation of the amount – Criteria – Payment capacity – Date of assessment (Art. 260(3) TFEU) (see paragraphs 106, 107) 7. Judicial proceedings – Costs – Withdrawal justified by the conduct of the opposite party (Rules of Procedure of the Court of Justice, Art. 141(2)) (see paragraphs 113-115) Operative part The Court: 1. Declares that, by failing, on expiry of the period laid down in the reasoned order of the European Commission of 6 April 2022, to adopt all the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, and, consequently, by failing to notify those provisions to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under Article 17 of that directive; 2. Orders the Republic of Bulgaria to pay the European Commission a lump sum in the amount of EUR 900 000; 3. Orders the Republic of Bulgaria to pay its own costs and to pay those incurred by the European Commission.