17.12.2011   

EN

Official Journal of the European Union

C 370/13


Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Republic of Poland

(Case C-311/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/46/EC - Approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles - Failure to transpose within the period prescribed - Incomplete transposition)

2011/C 370/20

Language of the case: Polish

Parties

Applicant: European Commission (represented by: G. Zavvos and Ł. Habiak, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to give effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ 2007 L 263, p. 1)

Operative part of the judgment

The Court:

1.

Declares that, by failing to communicate to the European Commission the laws, regulations and administrative provisions implementing Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, the Republic of Poland has failed to fulfil its obligations sunder Article 48 of that directive;

2.

Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to implement Directive 2007/46, the Republic of Poland has failed to fulfil its obligations under Article 48 of that directive;

3.

Orders the Republic of Poland to pay the costs.


(1)  OJ C 246, 11.9.2010.