Digital Agenda for Europe
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Commission action triggers change in PSI legislation in Hungary and Poland

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27 September 2012 - Commission action has triggered changes in legislation in Poland and Hungary, bringing them into line with the requirement of the Directive on re-use of Public Sector Information (Directive 2003/98/EC). The Commission has therefore decided to close the infringement cases which had been opened against both countries. Both Poland and Hungary had previously notified their pre-existing access to information legislation as national implementing measure. The Commission took the view that such legislation did not transpose the rights and obligations established by the PSI Directive with sufficient clarity so that potential re-users would know and be able to benefit from all their rights. This view was confirmed by the Court of Justice of the EU in a case against Poland (case C-362/10).
In reaction to the infringement procedures opened by the Commission, both countries adopted new legislation intended to transpose the PSI Directive. Having examined the new legislation, the Commission found it compliant with the obligations flowing from the Directive and consequently decided today to close the infringement procedures.