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Case C-362/10: Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2003/98/EC — Re-use of public sector information — Incorrect transposition of or failure to transpose certain articles within the period prescribed)
ECLI:EU:UNKNOWN:62010CA0362
62010CA0362
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17.12.2011
Official Journal of the European Union
C 370/14
(Case C-362/10)(1)
(Failure of a Member State to fulfil obligations - Directive 2003/98/EC - Re-use of public sector information - Incorrect transposition of or failure to transpose certain articles within the period prescribed)
2011/C 370/21
Language of the case: Polish
Parties
Applicant: European Commission (represented by: S. La Pergola and K. Herrmann, 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 prescribed period, the measures necessary to comply with 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 (OJ 2003 L 345, p. 90)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to transpose into the Polish legal order Articles 2 to 4, 6 to 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, the Republic of Poland has failed to fulfil its obligations under those articles;
2.Orders the Republic of Poland to pay the costs.
(1)
OJ C 301, 6.11.2010.