Case C-201/23: Action brought on 28 March 2023 — European Commission v Republic of Poland
Date: 2023-03-28
Institutions: Court of Justice
Subjects: copyright, digital single market, digital technology, directive (EU), national implementing measure, sanction (EU)








C_2023179EN.01002001.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/20






Action brought on 28 March 2023 — European Commission v Republic of Poland
(Case C-201/23)
(2023/C 179/30)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: J. Samnadda and B. Sasinowska, acting as Agents)

Defendant: Republic of Poland

Form of order sought







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declare that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC, (1) and by failing to inform the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 29 of that directive;










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order the Republic of Poland to pay to the Commission a lump sum corresponding to the higher of the following two amounts: (i) a daily amount of EUR 13 700 multiplied by the number of days which elapsed from the day following the expiry of the time limit for transposition laid down in the directive in question until the day on which the failure to fulfil obligations is remedied or, if the failure to fulfil obligations is not remedied, until the day on which judgment is delivered in the present case; (ii) a minimum lump sum of EUR 3 836 000;










—


if the failure established in the first indent continues until the date on which judgment is delivered in the present case, order the Republic of Poland to pay to the Commission a penalty payment of EUR 82 200 for each day of delay from the date on which judgment is delivered in the present case until the date on which the Republic of Poland fulfils its obligations under the directive; and










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order Poland to pay the costs.





Pleas in law and main arguments

The deadline for the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council expired on 7 June 2021.
Directive (EU) 2019/790 of the European Parliament and of the Council lays down rules aimed at further harmonising Union law applicable to copyright and related rights in the internal market, with a particular focus on digital and cross-border uses of protected content. The Directive also lays down rules on exceptions and limitations to copyright and related rights, the facilitation of licensing, as well as rules aimed at ensuring the proper functioning of the market for the exploitation of works and other protected subject matter.
According to Article 29(1) of the directive: ‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2021. They shall immediately inform the Commission thereof. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States’.

The Commission issued a letter of formal notice to the Republic of Poland on 23 July 2021. On 19 May 2022, the Commission sent a reasoned opinion to the Republic of Poland. Despite this, the transposing measures have not yet been adopted by the Republic of Poland or notified to the Commission.


(1)  OJ 2019 L 130, p. 92.