Kilka uwag na temat zapewnienia efektywności orzeczeń Trybunału Sprawiedliwości Unii Europejskiej na tle wyroku w sprawie C-512/10 Komisja Europejska przeciwko Rzeczypospolitej Polskiej w świetle praktyki orzeczniczej sądów polskich
A few comments in the context of ensuring the effectiveness of judgments issued by the Court of Justice of the European Union against the background of the judgment in case C-512/10 European Commission v Republic of Poland

Summary/Abstract: On 30 May 2013, the Court of Justice of the European Union issued a judgment in case C-512/10 European Commission v Republic of Poland, in which it stated that the Republic of Poland had failed to fulfill its obligations under Article 6 clause 2 and Article 7 item 3 of Directive 2001/14 EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of fees for the use of railway infrastructure and the granting of safety certificates by enabling, when calculating the fee for the minimum access package and access to equipment related to train service, the inclusion of costs that cannot be considered as being directly incurred as a result of operating the train service. The author’s analysis of the problem shows that the process of recovery, by rail carriers, of fees paid for access to railway infrastructure in an incorrectly calculated amount is significantly hindered. It is therefore necessary to analyze whether there can be any talk of an effective implementation of the CJEU judgment in case C-512/10 in the area under consideration. The author presents the views of representatives of the doctrine and case law regarding the above issue.

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