28.5.2018

EN

Official Journal of the European Union

C 182/16

(Case C-206/18)

(2018/C 182/19)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: J. Samnadda, J. Hottiaux and G. von Rintelen, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, (1) or, in any event, by failing to notify the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 43 of that directive;

—order the Republic of Poland, pursuant to Article 260(3) TFEU, to pay a penalty payment for failure to fulfil its obligation to notify the measures transposing Directive 2014/26/EU at a daily rate of EUR 87 612 from the day on which judgment is delivered in the present case;

—order the Republic of Poland to pay the costs.

Pleas in law and main arguments

Pursuant to Article 43(1) of Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, the Member States were required to introduce the laws, regulations and administrative provisions necessary to ensure compliance with that directive by 10 April 2016. They were required immediately to inform the Commission thereof.

On 22 November 2017 the Republic of Poland sent to the Commission three already existing legal acts, which only partially transpose Directive 2014/26/EU. Because the Republic of Poland has still not incorporated into Polish law, or brought into force, all the necessary provisions, the Commission has decided to bring an action before the Court of Justice of the European Union.

In its application, the Commission requests that the Republic of Poland be ordered to pay a penalty payment at a daily rate of EUR 87 612 from the day on which judgment is delivered in the present case. That rate has been established by taking into account the seriousness of the infringement, the duration of the infringement, and the need to ensure deterrence.

(1) OJ 2014 L 84, p. 72.