1. 

Actions 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) (see paras 24, 27)

2. 

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)

3. 

Approximation of laws — Measures of approximation — Common rules for the internal market in natural gas — Directive 2009/73 — National legislation laying down an obligation not limited in time for energy undertakings to apply prices for supplies of natural gas which have been approved by the president of the competent authority — No obligation to check at regular intervals the necessity of that measure and no possibility for differences in application in accordance with the final consumer — Not permissible (European Parliament and Council Directive 2009/73, Art. 3(1) and (2); European Parliament and Council Directive0 2003/55, Art. 3(2) and 23(1)(c)) (see paras 45, 52, 56, 60, 64)

1. 

Declares that, by applying a scheme of State intervention, consisting of the obligation, for energy undertakings, to apply prices for supplies of natural gas which have been approved by the president of the Urzad Regulacji Energetyki (Energy Regulation Authority), an obligation which is unlimited in time and for which national law does not impose on the administrative authorities any obligation to check at regular intervals the necessity and nature of the application of that intervention in the gas sector, having regard to the level of development of that sector, and which is characterised by its application to an unlimited group of users or customers, without any distinction being drawn according to customers and without any differentiation of the situation of individuals within the context of individual groups of customers, the Republic of Poland has failed to comply with its obligations under the provisions of Article 3(1) in conjunction with Article 3(2) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC;

2. 

Orders the Republic of Poland to pay the costs.