12.6.2023

EN

Official Journal of the European Union

C 205/33

(Case C-237/23)

(2023/C 205/37)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: U. Małecka, L. Malferrari and N. Nikolova, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1024 (1) of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, or in any event by failing to communicate them to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under Article 17(1) of that Directive;

—order the Republic of Bulgaria to pay to the Commission a lump sum corresponding to the higher of (i) the sum of EUR 1 800 per day multiplied by the number of days elapsed from the day following the expiry of the period for transposition laid down in that directive until the day on which the infringement is brought to an end or, if the infringement continues, until the day on which the judgment is delivered; or (ii) the minimum lump sum of EUR 504 000;

—order the Republic of Bulgaria to pay to the Commission a periodic penalty payment of EUR 9 720 per day from the date of the Court’s judgment in the present proceedings until that State has complied with its obligations under this Directive, in the event that the failure to fulfil the obligations referred to in paragraph 1 continues until the date of judgment in the present proceedings;

—order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information establishes a set of minimum rules governing the re-use and practical mechanisms to facilitate the re-use of existing public sector documents and research data in order to promote the use of open data and stimulate innovation in products and services. Under Article 17(1) of the directive, Member States had to bring into force the laws, regulations and administrative provisions necessary to comply with it by 17 July 2021 at the latest. Member States were also required to communicate to the Commission without delay the text of the measures adopted.

The Commission sent a formal letter of notification to the Republic of Bulgaria on 29 September 2021. On 6 April 2022, the Commission sent a reasoned opinion to the Republic of Bulgaria. However, the transposition measures have not yet been adopted by the Republic of Bulgaria nor communicated to the Commission.

(1) OJ 2019 L 172, p. 56.