Case C-445/25: Action brought on 7 July 2025 – European Commission v Republic of Poland
Date: 2025-07-07
Institutions: Court of Justice
Subjects: motor vehicle pollution, national implementing measure, polluter pays principle, road transport, sanction (EU), toll, transport infrastructure








C_202504586EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4586


25.8.2025






Action brought on 7 July 2025 – European Commission v Republic of Poland


(Case C-445/25)

(C/2025/4586)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: R. Álvarez Vinagre, Ł. Habiak, K. Walkerová, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






—


declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2022/362 of the European Parliament and of the Council of 24 February 2022 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520, as regards the charging of vehicles for the use of certain infrastructures (1) or, in any event, by failing to notify those measures to the Commission, the Republic of Poland has failed to fulfil its obligations under that directive;










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order the Republic of Poland to pay the Commission a flat-rate sum corresponding to the higher of the following two amounts: (i) a daily amount of EUR 16 284 multiplied by the number of days between the day following the expiry of the deadline for transposal laid down in Directive 2022/262 and the day when the infringement ceased, or failing that, the day of delivery of the judgment in the present case; (ii) the minimum flat-rate sum of EUR 3 786 000;










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if the infringement referred to in the first head of claim continues up to the date of delivery of the judgment in the present case, order the Republic of Poland to pay the Commission a periodic penalty payment in the amount of EUR 63 323,52 per day from the date of delivery of that judgment until it has complied with its obligations under Directive 2022/362;










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order the Republic of Poland to pay the costs.





Pleas in law and main arguments

Directive (EU) 2022/362 of the European Parliament and of the Council of 24 February 2022 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520, as regards the charging of vehicles for the use of certain infrastructures (‘Directive 2022/362’) establishes rules allowing Member States to collect a charge on certain vehicles for the use of road infrastructures.
In accordance with the third paragraph of Article 288 TFEU, the directive is to be binding, as to the result to be achieved, upon each Member State to which it is addressed, but is to leave to the national authorities the choice of form and methods. Member States are also required to adopt the provisions necessary to transpose directives into their national legal system, within the periods laid down in those directives, and to communicate those provisions to the Commission immediately.
Under Article 4(1) of Directive 2022/362, Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 March 2024 and immediately to inform the Commission thereof.
The Commission sent a letter of formal notice to the Republic of Poland on 23 May 2024. On 16 December 2024, the Commission sent a reasoned opinion to the Republic of Poland. Despite this the Republic of Poland has still not transposed Directive 2022/362 into national law and has not informed the Commission that it has done so.
Article 260(3) TFEU allows the Commission, when it brings a case before the Court pursuant to Article 258 on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, to specify the amount of ‘the lump sum or penalty payment’ to be paid by the Member State concerned.


(1)  
            OJ 2022 L 69, p. 1.


ELI: http://data.europa.eu/eli/C/2025/4586/oj
ISSN 1977-091X (electronic edition)