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Document 62012CN0331

Case C-331/12: Action brought on 9 July 2012 — European Commission v Republic of Poland

OJ C 287, 22.9.2012, p. 24–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 287/24

Action brought on 9 July 2012 — European Commission v Republic of Poland

(Case C-331/12)

2012/C 287/44

Language of the case: Polish


Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought

declare that, by not adopting the laws, regulations and administrative provisions necessary to give effect to Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, (1) and in any event by not informing the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Article 4 of that directive;

impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a periodic penalty payment for failure to comply with its obligation to notify the Commission of the measures for transposing Directive 2009/136, at a daily rate of EUR 56 095,2, payable from the date on which judgment is delivered in the present case;

order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The period within which Directive 2009/136 had to be transposed expired on 25 May 2011.

(1)  OJ 2009 L 337, p. 11.