Judgment — ECLI:EU:C:2013:724
Date: 2013-11-07
Language of the case: Polish
Court formation: Ninth Chamber
Subject matter: Transport
Procedure: Action for failure to fulfil obligations - successful
Origin: Poland

Judgment of the Court (Ninth Chamber) of 7 November 2013 – European Commission v Republic of Poland (Case C-90/12) 1 (Failure of a Member State to fulfil obligations – Air transport – Agreements relating to air services between Member States and third countries – Obligation on Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure and to inform the Commission of that procedure without delay) Language of the case: Polish Parties Applicant: European Commission (represented by: K. Simonsson and M. Owsiany-Hornung, acting as Agents) Defendant: Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents) Re: Failure of a Member State to fulfil obligations – Infringement of Articles 5 and 6 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries (OJ 2004 L 157, p. 7) – Obligation on the Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure and to inform the Commission of that procedure without delay Operative part of the judgment The Court: 1. Declares that, by not taking the necessary measures to comply with Articles 5 and 6 of Regulation (EC) No 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries, the Republic of Poland has failed to fulfil its obligations under those provisions; 2. Orders the Republic of Poland to pay the costs. ____________ 1 OJ C 126, 28.4.2012.