Znaczenie wyroku Trybunału Sprawiedliwości UE z 20 marca 2018 r. w sprawie C-187/16 dla oceny zgodności rządowego projektu ustawy o dokumentach publicznych (druk 2153) z prawem UE

The opinion presents the subject of the dispute and the judgment in the case C-187/16, the comparison of legal and factual situation related to that case with measures proposed in the governmental Bill as well as assessment on the significance of this judgment for further work on this Bill. The state of law being assessed in the case C-187/16 is comparable to measures included in the governmental Bill. The main difference is that Osterreichische Staatsdruckerei is a private company, whereas the company mentioned in Article 17 of the bill shall be a company wholly owned by the State Treasury. Therefore, in the author’s opinion it is possible to encompass production of given documents by the exemption provided in Article 12 para. 1 of the Directive 2014/24, but under additional conditions. If the Company is not considered an entity covered by this exemption, invoking the need to protect essential security interests of the state would require supplementing the grounds of the Bill by taking into account the position of the Court of Justice in the judgment C-187/16.