Case C‑281/11

European Commission

v

Republic of Poland

‛Failure of a Member State to fulfil obligations — Contained use of genetically modified micro-organisms — Directive 2009/41/EC — Incorrect and incomplete transposition’

Summary — Judgment of the Court (Fifth Chamber), 19 December 2013

1. Action for failure to fulfil obligations — Subject-matter of the dispute — Determination during the pre-litigation procedure — Adaptation following a change in EU law — Lawfulness — Conditions

   (Art. 258 TFEU)

2. Action for failure to fulfil obligations — Subject-matter of the dispute — Determination during the pre-litigation procedure — Initial complaints set out in greater detail in the application instituting proceedings — Lawfulness

   (Art. 258 TFEU)

3. Acts of the institutions — Directives — Implementation by the Member States — Transposition of a directive without formal and verbatim incorporation of its provisions — Lawfulness — Conditions — Existence of a general legal context ensuring the full application of the directive

   (European Parliament and Council Directive 2009/41, Art. 2(a), (b), (d) and (e))

4. Acts of the institutions — Directives — Implementation by the Member States — Need for clear and precise transposition — Directive 2009/41 — Contained use of genetically modified micro-organisms — Definition of the term ‘accident’ which is broader than that provided for under the directive — Lawfulness

   (European Parliament and Council Directive 2009/41, Arts 2(d) and 15)

5. Acts of the institutions — Directives — Implementation by the Member States — Need for full transposition into national law — Directive 2009/41 — Contained use of genetically modified micro-organisms — Competent authority for the implementation of the national measures adopted in application of the directive — Powers

   (European Parliament and Council Directive 2009/41, Art. 10(3))

6. Acts of the institutions — Directives — Implementation by the Member States — Inadequacy of mere administrative practices or of an interpretation, by national courts, of the provisions of domestic law in accordance with those of a directive

   (European Parliament and Council Directive 2009/41, Art. 3(3))

7. Action for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — Unambiguous wording of the form of order sought by the applicant — Absolute bar to admissibility

   (Art. 258 TFEU; Rules of Procedure of the Court of Justice, Art. 38(1))

8. Acts of the institutions — Directives — Implementation by the Member States — Conditions — Directive 2009/41 — Contained use of genetically modified micro-organisms — Determination of the duration of the public inquiries or consultations — Requirement to comply with EU law

   (European Parliament and Council Directive 2009/41, Art. 10(4)(b))

9. Acts of the institutions — Directives — Implementation by the Member States — Need for full transposition into national law — Directive 2009/41 — Contained use of genetically modified micro-organisms — Confidential treatment of certain information disclosed by the notifier

   (European Parliament and Council Directive 2009/41, Art. 18)

1.  See the text of the decision.

   (see paras 37, 38)

2.  See the text of the decision.

   (see paras 52-57, 87-92)

3.  See the text of the decision.

   (see paras 60-65, 80-83)

4.  As the main objectives of Directive 2009/41 on the contained use of genetically modified micro-organisms are the protection of human health and the environment, nothing precludes a Member State, in its national legislation, from providing a definition of the term ‘accident’ which is broader than that provided for under Article 2(d) of Directive 2009/41, which also covers accidents involving genetically modified organisms. In addition, Member States may also put in place more stringent protection in relation to accidents involving such organisms.

   In that regard, legislation of which the main characteristic is a high level of precaution in relation to accidents linked to the contained use of genetically modified organisms, cannot be regarded as running counter to the objectives of that directive.

   (see paras 71, 75)

5.  See the text of the decision.

   (see paras 94-97)

6.  See the text of the decision.

   (see paras 101-105, 140)

7.  See the text of the decision.

   (see paras 121-125)

8.  As no provision of Directive 2009/41 on the contained use of genetically modified micro-organisms sets out the duration of the inquiry or consultation referred to in Article 10(4)(b) of the directive, Member States are, in principle, free to determine, in compliance with the EU law the duration thereof, if they consider it necessary to do so.

   (see para. 127)

9.  Article 18(2) of Directive 2009/41 on the contained use of genetically modified micro-organisms lists the information which in no case may be kept confidential. Other information may receive confidential treatment at the request of the notifier, who shall enjoy, in that regard, a right of prior consultation under Article 18(1), second subparagraph, of the directive.

   (see para. 135)