Judgment of the Court (Tenth Chamber) of 22 May 2025

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 39)

2. Actions for failure to fulfil obligationsDisregard of the obligations imposed by a directiveObligation to notify transposition measuresScope

(Arts 258 and 260(3) TFEU)

(see paragraph 40)

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 directivePecuniary penaltiesDiscretion of the CourtCriteria

(Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024)

(see paragraphs 81-86, 109-113)

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 directivePecuniary penaltiesLump sumCalculation of the amountCriteria

(Art. 260(3) TFEU; European Parliament and Council Directive 2019/1024)

(see paragraphs 87, 91, 92, 97, 100, 102, 107, 108)

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 the Netherlands has failed to fulfil its obligations under Article 17 of that directive;

2. Orders the Kingdom of the Netherlands to pay the European Commission a lump sum in the amount of EUR 10 000 000;

3. Orders the Kingdom of the Netherlands to bear its own costs and to pay those incurred by the European Commission.