Judgment of the Court (Tenth Chamber) of 22 May 2025 –Commission v Belgium (Open Data Directive and the re-use of public sector information) (Case C‑215/23)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62023CJ0215_INF@2025-05-22/en
1. Actions for failure to fulfil obligationsExamination of the merits by the CourtSituation to be taken into considerationSituation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; European Parliament and Council Directive 2019/1024) (see paragraph 45)
2. Actions for failure to fulfil obligationsDisregard of the obligations imposed by a directiveObligation to notify transposition measuresScope (Arts 4(3) and 17 TEU; Art. 258 TFEU) (see paragraph 48)
3. Actions for failure to fulfil obligationsJudgment of the Court establishing the failure of a Member State to fulfil its obligationsFailure to fulfil the obligation to notify measures transposing a directiveFinancial penaltiesDiscretion of the CourtCriteria (Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024) (see paragraphs 77-82)
4. Actions for failure to fulfil obligationsJudgment of the Court establishing the failure of a Member State to fulfil its obligationsFailure to fulfil the obligation to notify measures transposing a directiveFinancial penaltiesLump sumCalculation of the amountCriteriaGravity of the infringementFundamental obligationMitigating circumstancesExistence of prior national rulesScope (Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024) (see paragraphs 83, 87, 88, 90, 92-97)
5. Actions for failure to fulfil obligationsJudgment of the Court establishing the failure of a Member State to fulfil its obligationsFailure to fulfil the obligation to notify measures transposing a directiveFinancial penaltiesLump sumCalculation of the amountCriteriaPayment capacityDate of assessment (Art. 260(3) TFEU) (see paragraphs 100, 101)
6. Judicial proceedingsCostsWithdrawal justified by the conduct of the opposite party (Rules of Procedure of the Court of Justice, Art. 141(2)) (see paragraphs 107-109)
Operative part The Court:
1. Declares that, by failing, on expiry of the period laid down in the reasoned opinion of the European Commission of 6 April 2022, to adopt all the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, and, consequently, by failing to notify those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 17 of that directive;
2. Orders the Kingdom of Belgium to pay the European Commission a lump sum in the amount of EUR 2100000;
3. Orders the Kingdom of Belgium to bear its own costs and to pay those incurred by the European Commission.