Judgment of the Court (Tenth Chamber) of 5 October 2016 —
Commission v Poland
(Case C‑23/16) ( 1 )
‛Failure of a Member State to fulfil obligations — Regulation (EC) No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Article 16(1) and (5) — National electronic register of road transport undertakings — Lack of interconnection with the electronic registers of other Member States’
1. |
Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 28) |
2. |
Transport — Road transport — Regulation No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — National electronic register of road transport undertakings — Failure to create such a register and lack of interconnection with the electronic registers of other Member States — Failure to fulfil obligations (European Parliament and Council Regulation No 1071/2009, Art. 16(1) and (5) (see paras 18-22, 29, operative part) |
Operative part
The Court:
1. |
Declares that, by not creating a national electronic register of road transport undertakings and by not establishing the interconnection with the electronic registers of other Member States, the Republic of Poland has failed to fulfil its obligations under Article 16(1) and (5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council, of 21 October 2009, establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC. |
2. |
Orders the Republic of Poland to pay the costs. |
( 1 ) OJ C 98, 14.3.2016.