Case C-769/25: Action brought on 27 November 2025 – European Commission v Republic of Poland
Date: 2025-11-27
Institutions: Court of Justice
Subjects: drinking water, health risk, national implementing measure, sanction (EU), water quality








C_202600449EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/449


2.2.2026






Action brought on 27 November 2025 – European Commission v Republic of Poland


(Case C-769/25)

(C/2026/449)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: E. Sanfrutos Cano and M. Owsiany-Hornung, Agents)

Defendant: Republic of Poland

Form of order sought:

The applicant claims that the Court should:






(1)


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement Articles 1 to 18 and Article 23 of Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption, (1) and Annexes I to V thereto, and by failing to communicate those provisions to the Commission, the Republic of Poland has failed to fulfil its obligations under Article 24(1) of that directive; and










(2)


order the Republic of Poland to pay to the Commission a lump sum corresponding to the greater of the two following amounts:






i.


A daily amount of EUR 16 284 multiplied by the number of days from the day following the date of expiry of the deadline for transposition given in that directive until the date the failure to fulfil obligations is remedied, or – should the failure to fulfil obligations not be remedied – until the date of delivery of the judgment in the present case;










ii.


A minimum lump sum of EUR 3 786 000;














(3)


if the failure to fulfil obligations under (1) above persists until the date on which judgment is delivered in the present case, order the Republic of Poland to pay to the Commission a periodic penalty payment of EUR 141 260,16 per day of delay, calculated from the date of delivery of the judgment in the present case until the date on which the Republic of Poland has complied with its obligations under the directive;










(4)


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The aim of Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption is to ensure a high level of protection of human health by guaranteeing that water intended for consumption is safe, clean and free of pollutants which may be a threat to the environment and public health.
Pursuant to Article 24(1) of that directive ‘
            Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 18, Article 23 and Annexes I to V by 12 January 2023. They shall immediately communicate the text of those measures to the Commission.’
         
The Commission issued a letter of formal notice to the Republic of Poland on 22 March 2023. On 20 December 2023, the Commission issued the Republic of Poland with a reasoned opinion. Despite the above, measures transposing Articles 1 to 18 and Article 23 of Directive (EU) 2020/2184 and Annexes I to V thereto have not yet been adopted by the Republic of Poland or communicated to the Commission.


(1)  
            OJ 2020 L 435, p. 1.


ELI: http://data.europa.eu/eli/C/2026/449/oj
ISSN 1977-091X (electronic edition)