EN

Official Journal of the European Union

C 14/24

(Case C-530/16)

(2017/C 014/30)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: W. Mölls and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The Commission claims that the Court should:

—declare that:

—by failing to adopt the measures necessary to ensure that the safety authority is independent of railway undertakings, rail infrastructure operators, applicants and procurement entities, and

—by failing to adopt the measures necessary to ensure that the investigating body is independent of railway undertakings and rail infrastructure operators, (1)

the Republic of Poland has failed to fulfil its obligations under Articles 16(1) and 21(1) of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification;

—order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The Commission criticises the Republic of Poland on the ground that it has failed correctly to transpose within the Polish legal system the principle that the investigating body (that is to say, the Państwowa Komisja Badania Wypadków Kolejowych (National Commission for the investigation of railway accidents) (PKBWK)) must be independent in its organisation, legal structure and decision-making, as required by Article 21(1) of Directive 2004/49/EC. The status conferred on the PKBWK does not guarantee its independence. The Commission criticises the fact that the PKBWK is an integral part of the ministry of transport and that there is no safeguard whatsoever to ensure that it is independent of the ministry and the rail infrastructure operator. Furthermore, the PKBWK does not act in its own name: the minister for transport appoints and dismisses the director of the PKBWK and his deputy, as well as the secretary and the permanent and ad hoc members of the PKBWK. In addition, the minister for transport has not, by way of an appropriate arrangement, made available to the PKBWK the financial means necessary to enable it to carry out its tasks.

The Commission also criticises the Republic of Poland for failing correctly to implement Article 16(1) of Directive 2004/49/EC on the ground that the safety authority (that is to say, the Prezes Urzędu Transportu Kolejowego (board of the rail authority) is not independent in its organisation, legal structure and decision-making vis-à-vis railway undertakings, rail infrastructure operators, applicants and procurement entities.

(1) OJ 2004 L 164, p. 44.