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Document 62010CN0362
Case C-362/10: Action brought on 20 July 2010 — European Commission v Republic of Poland
Case C-362/10: Action brought on 20 July 2010 — European Commission v Republic of Poland
Case C-362/10: Action brought on 20 July 2010 — European Commission v Republic of Poland
SL C 301, 6.11.2010, p. 4–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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6.11.2010 |
EN |
Official Journal of the European Union |
C 301/4 |
Action brought on 20 July 2010 — European Commission v Republic of Poland
(Case C-362/10)
()
2010/C 301/06
Language of the case: Polish
Parties
Applicant: European Commission (represented by: S. La Pergola and K. Herrmann, acting as Agents)
Defendant: Republic of Poland
Form of order sought
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declare that, by failing to adopt all the laws and regulations necessary for the proper transposition of Articles 2, 3, 4, 6, 7, 8, 10 and 11 of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, (1) the Republic of Poland has failed to fulfil its obligations under those provisions of the directive; |
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order the Republic of Poland to pay the costs. |
Pleas in law and main arguments
In the applicant’s submission, the Republic of Poland has hitherto not adopted national measures correctly transposing Directive 2003/98 into national law. The Ustawa z 6 września 2001 r. o dostępie do informacji publicznej (Law of 6 September 2001 on access to public information), which was notified to the Commission, does not relate to the re-use of public sector information, because it does not even contain a definition of ‘re-use’. For that reason alone, the rights and obligations resulting from that Law cannot constitute a correct transposition of Directive 2003/98.