Action brought on 8 July 2022 – European Commission v Republic of Poland
(Case C-452/22)
Language of the case: Polish
Parties
Applicant: European Commission (represented by: L. Malferrari, E. Manhaeve, U. Małecka, acting as Agents)
Defendant: Republic of Poland
Form of order sought
The Commission claims that the Court should:
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, 1 or, in any event, by failing to communicate those measures to the Commission, the Republic of Poland has failed to fulfil its obligations under that directive;
(2) order the Republic of Poland to pay the Commission a lump sum based on a daily amount of EUR 13 180.5 per day, with a minimum lump sum of EUR 3 270 000;
(3) if the failure to fulfil obligations under (1) above persists until the date on which judgment is delivered in the present case, order the Republic of Poland to pay to the Commission a periodic penalty payment of EUR 59 290.5 for each day from the date of delivery of the judgment in the present case until it has complied with its obligations under the directive; and
(4) order the Republic of Poland to pay the costs.
Pleas in law and main arguments
Directive (EU) 2018/1972 of the European Parliament and of the Council establishes a regulatory framework for the telecommunications sector. The time limit for transposition of the directive was 21 December 2020.
The Commission issued a letter of formal notice to the Republic of Poland on 3 February 2021. On 23 September 2021, the Commission issued the Republic of Poland with a reasoned opinion. Despite this, transposition measures have not yet been adopted by the Republic of Poland or, in any event, have not been communicated to the Commission.
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1 OJ 2018 L 321, p. 36.