Action brought on 7 July 2010 — European Commission v Republic of Poland

(Case C-341/10)

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2010/C 260/08

Language of the case: Polish

Parties

Applicant: European Commission (represented by: J. Enegren and Ł. Habiak, Agents)

Defendant: Republic of Poland

Form of order sought

Pleas in law and main arguments

The material scope of Directive 2000/43/EC covers a range of areas which are mentioned in Article 3(1) thereof. Under Article 16 of the directive, Member States are under an obligation to adopt the provisions necessary to ensure implementation of the directive in all of those areas (or to ensure that those provisions are adopted by management and labour) and to inform the European Commission accordingly. It is the Commission’s view that the Republic of Poland has to date complied with that obligation only in part. In the present action the Commission alleges that Poland has carried out a defective and incomplete implementation of the directive with regard to the following matters: membership of and/or involvement in an organisation of workers or employers, or any organisation the members of which carry on a particular profession, including the benefits provided for by such organisations, social protection, including social security and health care, social advantages, education, access to and supply of goods and services which are available to the public, including housing (Article 3(1)(d) to (h) of the directive). The Commission rejects the assertion of the Polish authorities that the implementation of the directive in these areas is ensured by provisions of the Constitution of the Republic of Poland, by legislation and by international agreements indicated in the course of the procedure prior to the bringing of the action.

The European Commission also alleges that Poland transposed Article 9 of Directive 2000/43/EC into national law in a manner which is defective and incomplete. That provision, which refers to measures which are necessary to protect individuals from any adverse treatment or adverse consequence as a reaction to a complaint or to proceedings aimed at enforcing compliance with the principle of equal treatment, relates to all persons and to all situations coming within the scope of the directive. The provisions thus far communicated by the Polish authorities, however, indicate, in the Commission’s view, that measures of this kind exist only in respect of employees and the employment relationship.

(1)  OJ 2000 L 180, p. 22.