[epsi-coord] case description - Polish infringement

Hans Graux hans.graux at timelex.eu
Thu Nov 24 16:51:37 GMT 2011

Hi all,

As promised earlier, in attachment you’ll find a description of the case of
Poland’s conviction for failure to implement the PSI Directive on time. It
was actually more interesting than I thought: the Polish argued that they
had a right to access data, and no re-use rules. Therefore, they also had
no re-use restrictions, meaning that freedom to re-use PSI in Poland was
absolute, and that the objectives of the PSI Directive was reached. In
fact, adopting re-use rules and procedures would actually restrict this
freedom, according to the Poles. Not a bad argument, though it’s a lot less
convincing after you’ve spent three years telling the Commission that a
transposition is coming soon… J

It hasn’t been proofread yet (will get that done over the weekend), but any
comments are welcome in the mean time. I also noticed that we don’t have
full case descriptions for the past infringement proceedings on the website
yet. While I’m not hugely enthusiastic about that option (historic cases
with limited relevance today…), we could choose to add all of those, if
Juan makes a major point about getting to our legal case quota.

Early next week, I’ll add the other case that Ton pointed out earlier.


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