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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. # Case C-362/10.
ECLI:EU:C:2011:703
62010CJ0362
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(Case C-362/10)
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
4. Acts of the institutions – Directives – Implementation by Member States – Necessity of full transposition into national law – Activity referred to by a directive does not exist in a Member State – No effect (Art. 288, third para, TFEU; European Parliament and Council Directive 2003/98) (see para. 64)
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
The Court:
1.Declares that, by failing to adopt, within the prescribed period, 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.