Judgment of the Court (Ninth Chamber) of 7 November 2013 — Commission v Poland

(Case C‑90/12)

‛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’

1. Acts of the institutions — Regulations — Implementation by Member States — Need for full transposition into national law — Non-existence in a Member State of an activity referred to by a regulation — No effect (see para. 25)

2. Transport — Air transport — Regulation No 847/2004 — Obligation on Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure — Obligation to inform the Commission of that procedure without delay — Non-implementation — Failure to fulfil obligations (European Parliament and Council Regulation No 847/2004, Arts 5 and 6) (see paras 20-24, 27, operative part 1)

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

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.

Judgment of the Court (Ninth Chamber) of 7 November 2013 — Commission v Poland

(Case C‑90/12)

‛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’

1. Acts of the institutions — Regulations — Implementation by Member States — Need for full transposition into national law — Non-existence in a Member State of an activity referred to by a regulation — No effect (see para. 25)

2. Transport — Air transport — Regulation No 847/2004 — Obligation on Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure — Obligation to inform the Commission of that procedure without delay — Non-implementation — Failure to fulfil obligations (European Parliament and Council Regulation No 847/2004, Arts 5 and 6) (see paras 20-24, 27, operative part 1)

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

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;