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Case C-238/23: Action brought on 14 April 2023 — European Commission v Republic of Latvia
ECLI:EU:UNKNOWN:62023CN0238
62023CN0238
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12.6.2023
EN
Official Journal of the European Union
C 205/34
(Case C-238/23)
(2023/C 205/38)
Language of the case: Latvian
Parties
Applicant: European Commission (represented by: U. Małecka, L. Malferrari and I. Naglis, acting as Agents)
Defendant: Republic of Latvia
Form of order sought
The Commission claims that the Court should:
—declare that, by failing to adopt and publish 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, (1) or in any event by failing to communicate those acts to the Commission, the Republic of Latvia has failed to fulfil its obligations under that directive;
—order the Republic of Latvia to pay a lump sum of EUR 490 per day, with a minimum lump sum of EUR 196 000;
—if the failure to fulfil the obligations established in point 1 continues until judgment has been delivered in the present case, order the Republic of Latvia to pay to the Commission a penalty payment of EUR 2 646 for each day of delay from the date of delivery of judgment in the present case until the date on which the Republic of Latvia has fulfilled its obligations under Directive 2019/1024;
—order the Republic of Latvia to pay the costs of the proceedings.
Pleas in law and main arguments
In accordance with Article 17(1) of Directive (EU) 2019/1024, by 17 July 2021 at the latest, Member States should have adopted the laws, regulations and administrative provisions necessary to comply with that directive and should have communicated them to the Commission.
The Republic of Latvia has communicated several legislative acts, however, with the exception of amendments to the Informācijas atklātības likums (Law on Freedom of Information), none of the communicated acts contains a reference to Directive 2019/1024 and several of those acts were last amended before the adoption of that directive.
The legislative acts communicated to the Commission only partially transpose Directive 2019/1024.
(1) JO 2019 L 172, p. 56.