CELEX: 62010CJ0362
Language: en
Date: 2011-10-27
Title: Judgment of the Court (Sixth Chamber) of 27 October 2011. # European Commission v Republic of Poland. # Failure of a Member State to fulfil obligations - Directive 2003/98/EC - Re-use of public sector information - Incorrect transposition of or failure to transpose certain articles within the period prescribed. # Case C-362/10.

Judgment of the Court (Sixth Chamber) of 27 October 2011 – Commission v Poland
      (Case C-362/10)
      Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Incorrect transposition of or failure to transpose certain articles within the period prescribed
      1.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative
            action – Conditions – Existence of a general legal context ensuring the full application of the directive (Art. 288, third
            para., TFEU; European Parliament and Council Directive 2003/98) (see paras 46, 60)
      2.                     Acts of the institutions – Directives – Implementation by Member States – Directive intended to create rights for individuals
            – Requirements of clarity and legal certainty – Directive 2003/98 – Right to re-use public sector information – No transposition
            by statutory or regulatory provision – Not permissible (Art. 288, third para., TFEU; European Parliament and Council Directive
            2003/98, Art. 2, paras 1 to 3, 4, 6, 7 and 10) (see paras 50-52, 54-56)
      3.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative
            action – Not permissible in the case of an express requirement for reference to be made to a directive (Art. 288, third para.,
            TFEU; European Parliament and Council Directive 2003/98) (see para. 58)
      4.                     Acts of the institutions – Directives – Implementation by Member States – Necessity of full transposition into national law
            – Activity referred to by a directive does not exist in a Member State – No effect (Art. 288, third para, TFEU; European Parliament
            and Council Directive 2003/98) (see para. 64)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with 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 (OJ 2003 L 345, p. 90).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions
                     necessary to transpose into the Polish legal order Articles 2 to 4, 6 to 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, the Republic of Poland has failed
                     to fulfil its obligations under those articles; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Poland to pay the costs.