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Case C-530/16: Judgment of the Court (Fourth Chamber) of 13 June 2018 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Railway safety — Directive 2004/49/EC — Failure to adopt to provisions necessary to ensure the independence of the investigating body)
ECLI:EU:UNKNOWN:62016CA0530
62016CA0530
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(Case C-530/16) (*1)
Language of the case: Polish
Parties
Applicant: European Commission (represented by: W. Mölls and J. Hottiaux, acting as Agents)
Defendant: Republic of Poland (represented by: B. Majczyna and K. Majcher, acting as Agents, and by T. Warchol, ekspert)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt the measures necessary to ensure that the investigating body is independent, in terms of its organisation and decision-making, of railway undertakings and rail infrastructure managers controlled by the Minister for Transport, the Republic of Poland has failed to fulfil its obligations under Article 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 (Railway Safety Directive).
2.Orders the Republic of Poland to pay the costs.
(*1) OJ C 14, 16.1.2017.
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