22.2.2014   

EN

Official Journal of the European Union

C 52/5


Judgment of the Court (Fifth Chamber) of 19 December 2013 — European Commission v Republic of Poland

(Case C-281/11) (1)

(Failure of a Member State to fulfil obligations - Contained use of genetically modified micro-organisms - Directive 2009/41/EC - Incorrect and incomplete transposition)

2014/C 52/07

Language of the case: Polish

Parties

Applicant: European Commission (represented by: L. Pignataro Nolin and M. Owsiany-Hornung, Agents)

Defendant: Republic of Poland (represented by: B. Majczyna and M. Szpunar, Agents)

Re:

Failure of a Member State to fulfil obligations — Incorrect and incomplete transposition of Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (OJ 2009 L 125, p. 75).

Operative part of the judgment

The Court:

1.

Declares that, in failing to transpose Articles 3(3), 7, 8(2) and (3), 9(2)(a), 18(1), second subparagraph, and 18(3) and (4), of Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms, the Republic of Poland has failed to fulfil its obligations under that directive;

2.

Dismisses the action as to the remainder;

3.

Orders the European Commission and the Republic of Poland to bear their own costs.


(1)  OJ C 252, 27.8.2011.