do-me/EUR-LEX huggingface dataset:
Case C-362/10: Action brought on 20 July 2010 — European Commission v Republic of Poland
Date: 2010-07-20
Institutions: Court of Justice
Subjects: European Commission, Poland, access to information, action for failure to fulfil an obligation, data collection, dissemination of information, information, national implementing measure, public sector








C_2010301EN.01000402.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/4





Action brought on 20 July 2010 — European Commission v Republic of Poland
(Case C-362/10)
()
2010/C 301/06
Language of the case: Polish

Parties


Applicant: European Commission (represented by: S. La Pergola and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt all the laws and regulations necessary for the proper transposition of Articles 2, 3, 4, 6, 7, 8, 10 and 11 of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, (1) the Republic of Poland has failed to fulfil its obligations under those provisions of the directive;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

In the applicant’s submission, the Republic of Poland has hitherto not adopted national measures correctly transposing Directive 2003/98 into national law. The Ustawa z 6 września 2001 r. o dostępie do informacji publicznej (Law of 6 September 2001 on access to public information), which was notified to the Commission, does not relate to the re-use of public sector information, because it does not even contain a definition of ‘re-use’. For that reason alone, the rights and obligations resulting from that Law cannot constitute a correct transposition of Directive 2003/98.


(1)  OJ 2003 L 345, p. 90.