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Case C-213/23: Judgment of the Court (Tenth Chamber) of 22 May 2025 – Commission v Netherlands (Open Data Directive and the re-use of public sector information) (Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2019/1024 – Open data and the re-use of public sector information – Incomplete transposition of that directive and failure to notify the transposition measures immediately – Article 260(3) TFEU – Application for imposition of a lump sum and a daily penalty payment – Discontinuance in part)
ECLI:EU:UNKNOWN:62023CA0213
62023CA0213
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Official Journal of the European Union
C series
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C/2025/3852
(Case C-213/23)
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive (EU) 2019/1024 - Open data and the re-use of public sector information - Incomplete transposition of that directive and failure to notify the transposition measures immediately - Article 260(3) TFEU - Application for imposition of a lump sum and a daily penalty payment - Discontinuance in part)
(C/2025/3852)
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: P.-J. Loewenthal and U. Małecka, acting as Agents)
Defendant: Kingdom of the Netherlands (represented by: E. M. M. Besselink, M. K. Bulterman and J. M. Hoogveld, acting as Agents)
Operative part of the judgment
The Court:
Declares that, by failing, on expiry of the period laid down in the reasoned opinion of the European Commission of 6 April 2022, to adopt all the laws, regulations and administrative provisions necessary to comply with 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, and, consequently, by failing to notify those provisions to the Commission, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 17 of that directive;
Orders the Kingdom of the Netherlands to pay the European Commission a lump sum in the amount of EUR 10 000 000;
Orders the Kingdom of the Netherlands to bear its own costs and to pay those incurred by the European Commission.
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(1) OJ C 216, 19.6.2023.
ELI: http://data.europa.eu/eli/C/2025/3852/oj
ISSN 1977-091X (electronic edition)
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