{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-575-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-575-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-25","fingerprint":"ewai:eu:c82ec6","proof":"sha256:af023c8f5c286ec86cd658fa1c8a7bb7cdfa9930745e4bd067838fb0be52beb2","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-575-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_22","para_23","para_24"],"kind":"assessment"},{"title":"Legal context","paragraphs":["para_25"],"kind":"legal_framework"},{"title":"European Union law","paragraphs":["para_26"],"kind":"legal_framework"},{"title":"Directive 2014/25/EU","paragraphs":["para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85","para_86","para_87","para_88","para_89","para_90"],"kind":"legal_framework"},{"title":"Czech law","paragraphs":["para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103","para_104","para_105","para_106"],"kind":"legal_framework"},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":["para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116"],"kind":"facts"},{"title":"Consideration of the questions referred","paragraphs":["para_117"],"kind":"questions"},{"title":"The jurisdiction of the Court","paragraphs":["para_118","para_119","para_120","para_121","para_122","para_123","para_124","para_125","para_126","para_127","para_128","para_129","para_130"],"kind":"questions"},{"title":"Substance","paragraphs":["para_131","para_132","para_133","para_134","para_135","para_136","para_137","para_138","para_139","para_140","para_141","para_142","para_143","para_144"],"kind":"questions"},{"title":"Costs","paragraphs":["para_145","para_146"],"kind":"costs"},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_147","para_148","para_149","para_150","para_151"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"18 June 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Approximation of laws – Open data and the re-use of public sector information – Directive (EU) 2019/1024 – Article 2(3) – Jurisdiction of the Court of Justice – Concept of ‘public undertaking’ – Undertaking owned by several public sector bodies – Presumption of ‘dominant influence’ – Criteria for assessment )","paragraph_id":"para_4"},{"text":"In Case C‑575/24,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Městský soud v Praze (Municipal Court, Prague, Czech Republic), made by decision of 23 July 2024, received at the Court on 28 August 2024, in the proceedings","paragraph_id":"para_6"},{"text":"Vodovody a kanalizace Přerov, a.s.","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Úřad pro ochranu osobních údajů,","paragraph_id":"para_9"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_10"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, J. Passer, E. Regan, D. Gratsias (Rapporteur) and B. Smulders, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: R. Norkus,","paragraph_id":"para_12"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_13"},{"text":"having regard to the written procedure,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–        Vodovody a kanalizace Přerov, a.s., by F. Korbel, advokát,","paragraph_id":"para_16"},{"text":"–        the Úřad pro ochranu osobních údajů, by P. Jäger,","paragraph_id":"para_17"},{"text":"–        the Czech Government, by M. Smolek, J. Vláčil and L. Halajová, acting as Agents,","paragraph_id":"para_18"},{"text":"–        the European Commission, by G. Meeßen and K. Walkerová, acting as Agents,","paragraph_id":"para_19"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 5 March 2026,","paragraph_id":"para_20"},{"text":"gives the following","paragraph_id":"para_21"},{"text":"Judgment","paragraph_id":"para_22"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 2(3) of 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 (OJ 2019 L 172, p. 56).","paragraph_id":"para_23"},{"text":"2         The request has been made in proceedings between Vodovody a kanalizace Přerov, a.s. (‘VaK Přerov’) and the Úřad pro ochranu osobních údajů (Office for Personal Data Protection, Czech Republic; ‘the Office’) regarding a request for information received by the former, seeking disclosure of the minutes of meetings of its bodies.","paragraph_id":"para_24"},{"text":"Legal context","paragraph_id":"para_25"},{"text":"European Union law","paragraph_id":"para_26"},{"text":"Directive 2014/25/EU","paragraph_id":"para_27"},{"text":"3         Article 3 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ 2014 L 94, p. 243), entitled ‘Contracting authorities’, provides, in paragraph 1 thereof:","paragraph_id":"para_28"},{"text":"‘For the purpose of this Directive “contracting authorities” means State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law.’","paragraph_id":"para_29"},{"text":"4         Article 4 of that directive, entitled ‘Contracting entities’, provides, in paragraph 2 thereof:","paragraph_id":"para_30"},{"text":"‘“Public undertaking” means any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.","paragraph_id":"para_31"},{"text":"A dominant influence on the part of the contracting authorities shall be presumed in any of the following cases in which those authorities, directly or indirectly:","paragraph_id":"para_32"},{"text":"(a)      hold the majority of the undertaking’s subscribed capital;","paragraph_id":"para_33"},{"text":"(b)      control the majority of the votes attaching to shares issued by the undertaking;","paragraph_id":"para_34"},{"text":"(c)      can appoint more than half of the undertaking’s administrative, management or supervisory body.’","paragraph_id":"para_35"},{"text":"Directive 2019/1024","paragraph_id":"para_36"},{"text":"5         Recitals 1, 13, 20, 23 to 26 and 29 of Directive 2019/1024 state:","paragraph_id":"para_37"},{"text":"‘(1)      Directive 2003/98/EC of the European Parliament and of the Council [of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90)] has been substantially amended. Since further amendments are to be made, that Directive should be recast in the interests of clarity.","paragraph_id":"para_38"},{"text":"…","paragraph_id":"para_39"},{"text":"(13)      One of the principal aims of the establishment of an internal market is the creation of conditions conducive to the development of services and products [EU]-wide and within Member States. Public sector information or information collected, produced, reproduced, and disseminated within the …","paragraph_id":"para_40"},{"text":"…","paragraph_id":"para_41"},{"text":"(20)      … Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Public undertakings collect, produce, reproduce and disseminate documents to provide services in the general interest. Use of such documents for other reasons constitutes re-use. Member States’ policies can go beyond the minimum standards established in this Directive, thus allowing for more extensive re-use. …","paragraph_id":"para_42"},{"text":"…","paragraph_id":"para_43"},{"text":"(23)      … This Directive lays down an obligation for Member States to make all existing documents re-usable unless access is restricted or excluded under national rules on access to documents or subject to the other exceptions laid down in this Directive. This Directive builds on the existing acce …","paragraph_id":"para_44"},{"text":"(24)      Member States often entrust the provision of services in the general interest with entities outside of the public sector while maintaining a high degree of control over such entities. At the same time, Directive 2003/98/EC applies only to documents held by public sector bodies, while exclu …","paragraph_id":"para_45"},{"text":"(25)      Directive 2003/98/EC should therefore be amended in order to ensure that it can be applied to the re-use of existing documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive …","paragraph_id":"para_46"},{"text":"(26)      This Directive does not contain a general obligation to allow the re-use of documents produced by public undertakings. The decision whether or not to authorise re-use should remain with the public undertaking concerned, except where otherwise required by this Directive or by [EU] or nation …","paragraph_id":"para_47"},{"text":"…","paragraph_id":"para_48"},{"text":"(29)      The definition of “public sector body” is based on the definition in point (1) of Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council [of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65)]. The definition of “body governed by public law” set out in that Directive and the definition of “public undertaking” set out in Directive 2014/25/EU should apply to this Directive.’","paragraph_id":"para_49"},{"text":"6         Article 1 of Directive 2019/1024, entitled ‘Subject matter and scope’, provides:","paragraph_id":"para_50"},{"text":"‘1.      In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating the re-use of:","paragraph_id":"para_51"},{"text":"(a)      existing documents held by public sector bodies of the Member States;","paragraph_id":"para_52"},{"text":"(b)      existing documents held by public undertakings that are:","paragraph_id":"para_53"},{"text":"(i)      active in the areas defined in Directive 2014/25/EU;","paragraph_id":"para_54"},{"text":"(ii)      acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007;","paragraph_id":"para_55"},{"text":"(iii)      acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008; or","paragraph_id":"para_56"},{"text":"(iv)      acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92;","paragraph_id":"para_57"},{"text":"…","paragraph_id":"para_58"},{"text":"2.      This Directive does not apply to:","paragraph_id":"para_59"},{"text":"…","paragraph_id":"para_60"},{"text":"(b)      documents held by public undertakings:","paragraph_id":"para_61"},{"text":"(i)      produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;","paragraph_id":"para_62"},{"text":"(ii)      related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;","paragraph_id":"para_63"},{"text":"…","paragraph_id":"para_64"},{"text":"(d)      documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:","paragraph_id":"para_65"},{"text":"(i)      the protection of national security (namely, State security), defence, or public security;","paragraph_id":"para_66"},{"text":"(ii)      statistical confidentiality;","paragraph_id":"para_67"},{"text":"(iii)      commercial confidentiality (including business, professional or company secrets);","paragraph_id":"para_68"},{"text":"…","paragraph_id":"para_69"},{"text":"(f)      documents access to which is restricted by virtue of the access regimes in the Member States, including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;","paragraph_id":"para_70"},{"text":"…","paragraph_id":"para_71"},{"text":"3.      This Directive builds on, and is without prejudice to, [EU] and national access regimes.","paragraph_id":"para_72"},{"text":"…","paragraph_id":"para_73"},{"text":"7.      This Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States …’","paragraph_id":"para_74"},{"text":"7         Article 2 of Directive 2019/1024, entitled ‘Definitions’, is worded as follows:","paragraph_id":"para_75"},{"text":"‘For the purpose of this Directive, the following definitions apply:","paragraph_id":"para_76"},{"text":"(1)      “public sector body” means the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law;","paragraph_id":"para_77"},{"text":"(2)      “bodies governed by public law” means bodies that have all of the following characteristics:","paragraph_id":"para_78"},{"text":"(a)      they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;","paragraph_id":"para_79"},{"text":"(b)      they have legal personality; and","paragraph_id":"para_80"},{"text":"(c)      they are financed, for the most part by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;","paragraph_id":"para_81"},{"text":"(3)      “public undertaking” means any undertaking active in the areas set out in point (b) of Article 1(1) over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public sector bodies shall be presumed in any of the following cases in which those bodies, directly or indirectly:","paragraph_id":"para_82"},{"text":"(a)      hold the majority of the undertaking’s subscribed capital;","paragraph_id":"para_83"},{"text":"(b)      control the majority of the votes attaching to shares issued by the undertaking;","paragraph_id":"para_84"},{"text":"(c)      can appoint more than half of the undertaking’s administrative, management or supervisory body;","paragraph_id":"para_85"},{"text":"…","paragraph_id":"para_86"},{"text":"(11)      “re-use” means the use by persons or legal entities of documents held by:","paragraph_id":"para_87"},{"text":"(a)      public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced, except for the exchange of documents between public sector bodies purely in pursuit of their public tasks; or","paragraph_id":"para_88"},{"text":"(b)      public undertakings, for commercial or non-commercial purposes other than for the initial purpose of providing services in the general interest for which the documents were produced, except for the exchange of documents between public undertakings and public sector bodies purely in pursuit of the public tasks of public sector bodies;","paragraph_id":"para_89"},{"text":"…’","paragraph_id":"para_90"},{"text":"Czech law","paragraph_id":"para_91"},{"text":"8         Zákon č. 106/1999 Sb., o svobodném přístupu k informacím (Law No 106/1999 on free access to information) was amended by zákon č. 241/2022 Sb., kterým se mění zákon č. 106/1999 Sb., o svobodném přístupu k informacím, ve znění pozdějších předpisů, zákon č. 123/1998 Sb., o právu na informace …","paragraph_id":"para_92"},{"text":"9         Paragraph 2(1) of Law No 106/1999 on free access to information, as amended by the Law transposing Directive 2019/1024 (‘the Law on free access to information’), provides:","paragraph_id":"para_93"},{"text":"‘Obliged entities that must provide information pursuant to this Law concerning their competence are State authorities, self-governing territorial units and their bodies, and public institutions.’","paragraph_id":"para_94"},{"text":"10       Under Paragraph 2a of that law:","paragraph_id":"para_95"},{"text":"‘1.      Obliged entities shall include public undertakings which, for the purposes of this Law, are legal entities that are not obliged entities pursuant to Paragraph 2(1), and","paragraph_id":"para_96"},{"text":"(a)      which:","paragraph_id":"para_97"},{"text":"1.      carry out relevant activities pursuant to the Law on Public Procurement;","paragraph_id":"para_98"},{"text":"2.      act as providers of public services, pursuant to Article 2 of [Regulation No 1370/2007];","paragraph_id":"para_99"},{"text":"3.      act as air carriers fulfilling public service obligations, pursuant to Article 16 of [Regulation No 1008/2008]; or","paragraph_id":"para_100"},{"text":"4.      act as boat owners fulfilling public service obligations, pursuant to Article 4 of [Regulation No 3577/92]; and","paragraph_id":"para_101"},{"text":"(b)      in which the obliged entity referred to in Paragraph 2(1) may directly or indirectly exercise a dominant influence on the basis of ownership interest in the legal entity or the rules which govern it.","paragraph_id":"para_102"},{"text":"2.      The condition of dominant influence is met if the obliged entity referred to in Paragraph 2(1) directly or indirectly:","paragraph_id":"para_103"},{"text":"(a)      holds a majority of the subscribed capital of the public undertaking;","paragraph_id":"para_104"},{"text":"(b)      controls a majority of the votes attached to the shares issued by the undertaking; or","paragraph_id":"para_105"},{"text":"(c)      can appoint more than half of the undertaking’s administrative, management or supervisory body.’","paragraph_id":"para_106"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_107"},{"text":"11       VaK Přerov is a public limited company incorporated under Czech law, which operates in the water supply and sanitation sector. It is almost entirely owned by Czech towns and municipalities, with no single shareholder holding a majority stake.","paragraph_id":"para_108"},{"text":"12       A request was made to that company, on the basis of the Law on free access to information, for disclosure of minutes of the meetings of its bodies. As VaK Přerov was of the view that it was not an ‘obliged entity’ within the meaning of that law, and that, therefore, it was not required to provide such information, it refused that request.","paragraph_id":"para_109"},{"text":"13       A complaint against that decision was lodged with the Office, which, by decision of 7 March 2023, ordered VaK Přerov to process the request for information in accordance with the Law on free access to information. VaK Přerov brought an action against that decision before the Městský soud v …","paragraph_id":"para_110"},{"text":"14       The referring court considers that, in order to resolve the dispute before it, it is necessary to determine whether VaK Přerov constitutes a ‘public undertaking’ within the meaning of Paragraph 2a(1) of the Law on free access to information, a category which was introduced into that law by the Law transposing Directive 2019/1024.","paragraph_id":"para_111"},{"text":"15       According to the referring court, that dispute concerns, inter alia, the question whether, in order to be classified as a ‘public undertaking’ within the meaning of Article 2(3) of Directive 2019/1024, and, therefore, within the meaning of Paragraph 2a(1) of the Law on free access to inform …","paragraph_id":"para_112"},{"text":"16       By contrast, VaK Přerov considers that such an interpretation does not follow from Directive 2019/1024, and that in this instance there could be a ‘dominant influence’, within the meaning of that directive, only if one of the territorial units among its shareholders held a majority stake by itself, or if there was no doubt that different shareholders were acting in concert.","paragraph_id":"para_113"},{"text":"17       In those circumstances, the Městský soud v Praze (Municipal Court, Prague) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_114"},{"text":"‘(1)      Is Article 2(3) of [Directive 2019/1024] to be interpreted as meaning that the term [“public undertaking”] includes an undertaking in which several public sector bodies may jointly exercise a dominant influence by virtue of their ownership, their financial participation therein, or the rules which govern it?","paragraph_id":"para_115"},{"text":"(2)      If the first question is answered in the affirmative, is a dominant influence, as defined in the abovementioned article of Directive 2019/1024, to be assumed, even where several public sector bodies jointly hold the majority of an undertaking’s subscribed capital, control the majority of th …","paragraph_id":"para_116"},{"text":"Consideration of the questions referred","paragraph_id":"para_117"},{"text":"The jurisdiction of the Court","paragraph_id":"para_118"},{"text":"18       It is for the Court to examine the conditions in which a case has been referred to it by the national court, in order to assess whether it has jurisdiction to answer the questions put by that court (see, to that effect, judgment of 10 December 2020, J & S Service , C‑620/19, EU:C:2020:1011, paragraph 32 and the case-law cited).","paragraph_id":"para_119"},{"text":"19       In that regard, the European Commission argues that the dispute in the main proceedings does not concern the re-use of public sector documents, governed by Directive 2019/1024, but a request for access to documents which does not fall within the scope of that directive. Such a request would …","paragraph_id":"para_120"},{"text":"20       In this instance, the dispute has arisen as a result of a request for access to information, made on the basis of the Law on free access to information. As the referring court states in its response to the Court’s request for clarification, that law does not require the person making such a request to indicate expressly its intention to re-use the information requested, within the meaning of Article 2(11) of Directive 2019/1024.","paragraph_id":"para_121"},{"text":"21       It is apparent from the explanatory memorandum to the draft which led to the adoption of the Law transposing Directive 2019/1024, as presented by the referring court in that response, that the Czech legislature has consistently opted, since the transposition of Directive 2003/98, for a regime ensuring the re-use of information through the exercise of the right to information.","paragraph_id":"para_122"},{"text":"22       In that regard, it should be noted that the Court has repeatedly declared that it has jurisdiction to give a preliminary ruling on questions concerning provisions of EU law in situations where, even if the facts of the case in the main proceedings do not fall within the field of application …","paragraph_id":"para_123"},{"text":"23       Thus, an interpretation by the Court of provisions of EU law in situations not falling within the scope of EU law is warranted where such provisions have been made applicable to such situations by national law directly and unconditionally, in order to ensure that those situations and situat …","paragraph_id":"para_124"},{"text":"24       In this instance, the referring court argues that, by adopting, in 2022, the Law transposing Directive 2019/1024, the national legislature extended the circle of entities subject to the obligation to provide information to include entities subject to the obligations laid down in that directive, thereby deliberately deciding to align the personal scope of the Law on free access to information with the personal scope of the directive.","paragraph_id":"para_125"},{"text":"25       In those circumstances, it must be held that the national legislature made Article 2(3) of Directive 2019/1024, which defines the term ‘public undertaking’, directly and unconditionally applicable, for the purposes of the case-law cited in paragraph 23 of the present judgment, to situations which do not necessarily fall within the scope of that directive, but which are governed by the Law transposing Directive 2019/1024.","paragraph_id":"para_126"},{"text":"26       It is true that it can be seen from Article 1(2) and (3) of Directive 2019/1024 that, as the Court has already held, the ‘re-use’ of a document, within the meaning of that directive, presupposes access to that document, which underscores the close link between those two operations. However, …","paragraph_id":"para_127"},{"text":"27       However, having regard to the case-law referred to in paragraphs 22 and 23 of the present judgment, such a distinction does not appear, in this instance, to be relevant for determining whether the Court has jurisdiction to answer the questions referred in the present case. It is apparent fr …","paragraph_id":"para_128"},{"text":"28       It must therefore be held that that provision has been rendered applicable as such by national law (see, to that effect and by analogy, judgment of 10 December 2020, J & S Service , C‑620/19, EU:C:2020:1011, paragraphs 50 and 51 and the case-law cited).","paragraph_id":"para_129"},{"text":"29       In those circumstances, there is a clear interest in the Court interpreting Article 2(3) of Directive 2019/1024 in order to ensure its uniform interpretation, with the result that the Court has jurisdiction, under Article 267 TFEU, to answer the questions put by the referring court in that regard.","paragraph_id":"para_130"},{"text":"Substance","paragraph_id":"para_131"},{"text":"30       By its questions, which it is appropriate to examine together, the referring court asks the Court of Justice, in essence, whether Article 2(3) of Directive 2019/1024 is to be interpreted as meaning that the concept of ‘public undertaking’, within the meaning of that provision, covers an und …","paragraph_id":"para_132"},{"text":"31       It should be borne in mind in that regard that, according to settled case-law, when interpreting a provision of EU law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgments of 17 Nove …","paragraph_id":"para_133"},{"text":"32       As regards, first, the wording used in Article 2(3) of Directive 2019/1024, that provision expressly refers to ‘any undertaking’ over which ‘public sector bodies’, in the plural, ‘may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it’.","paragraph_id":"para_134"},{"text":"33       Second, as regards the context in which that provision occurs, it is apparent from recital 29 of Directive 2019/1024 that, in the context of that directive, the EU legislature chose to refer to the definition of the concept of ‘public undertaking’ which is set out in Article 4(2) of Directi …","paragraph_id":"para_135"},{"text":"34       It follows from the foregoing that the EU legislature expressly decided to include within the concept of ‘public undertaking’, within the meaning of Article 2(3) of Directive 2019/1024, not only undertakings over which a single public sector body may exercise a dominant influence but also undertakings over which such an influence may be exercised by several public sector bodies.","paragraph_id":"para_136"},{"text":"35       Third, such a reading of Article 2(3) of Directive 2019/1024 is confirmed by the objectives pursued by that directive. As is set out in recital 13 thereof, the directive aims to take full advantage, for the European economy and European civil society, of the potential of public sector information and of information collected, produced, reproduced and disseminated within the exercise of a public task or a service of general interest.","paragraph_id":"para_137"},{"text":"36       In addition, it is apparent from recitals 24 and 25 of Directive 2019/1024 that the intention of the EU legislature, in adopting that directive, was to extend the scope of the EU regulatory framework relating thereto in order to cover documents produced in the performance of services in the general interest by public undertakings covered by Directive 2014/25, in order to best serve the objective of Directive 2019/1024.","paragraph_id":"para_138"},{"text":"37       It must therefore be held, in the light of the objectives of Directive 2019/1024 referred to in paragraphs 35 and 36 of the present judgment, that the provisions defining the personal scope of that directive, and, in particular, those defining the concept of ‘public undertaking’, must be interpreted broadly.","paragraph_id":"para_139"},{"text":"38       In that regard, it should be noted that both undertakings over which only one public sector body exercises a dominant influence and those over which such influence is exercised jointly by several of those bodies may carry out a public task or provide a service of general interest. Therefore …","paragraph_id":"para_140"},{"text":"39       It must therefore be held that Article 2(3) of Directive 2019/1024 must be interpreted as meaning that the concept of ‘public undertaking’, within the meaning of that provision, covers an undertaking over which several public sector bodies may jointly exercise a dominant influence.","paragraph_id":"para_141"},{"text":"40       In so far as the referring court asks the Court of Justice to clarify whether, in such a case, those bodies must act in concert and have common interests for that influence to be presumed to be dominant, within the meaning of Article 2(3) of Directive 2019/1024, it must be stated, from the …","paragraph_id":"para_142"},{"text":"41       Those alternative criteria reflect objective situations without taking into account factors such as the acting in concert and the common interests of the public sector bodies concerned, factors which are, moreover, likely to vary during an undertaking’s existence, in particular in relation …","paragraph_id":"para_143"},{"text":"42       In the light of the foregoing considerations, the answer to the questions referred is that Article 2(3) of Directive 2019/1024 must be interpreted as meaning that the concept of ‘public undertaking’, within the meaning of that provision, covers an undertaking over which several public secto …","paragraph_id":"para_144"},{"text":"Costs","paragraph_id":"para_145"},{"text":"43       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_146"},{"text":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraph_id":"para_147"},{"text":"Article 2(3) of 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","paragraph_id":"para_148"},{"text":"must be interpreted as meaning that the concept of ‘public undertaking’, within the meaning of that provision, covers an undertaking over which several public sector bodies may jointly exercise a dominant influence, without it being necessary, in order for such an influence to be presumed, to examine whether those bodies act in concert and have common interests.","paragraph_id":"para_149"},{"text":"[Signatures]","paragraph_id":"para_150"},{"text":"*       Language of the case: Czech.","paragraph_id":"para_151"}],"operative_part":"On those grounds, the Court (Fifth Chamber) hereby rules:\n\nArticle 2(3) of 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\n\nmust be interpreted as meaning that the concept of ‘public undertaking’, within …","word_count":5481,"cites":["C-620/19","C-297/88","C-197/89","C-203/18","C-374/18","C-336/23","C-619/24"],"cited_by":[],"sha256":"b7ccb1b99f082a80e382d396eeeb2f5009246e823c20d05b90cd3ccffff7ae0a","source_url":"https://publications.europa.eu/resource/celex/62024CJ0575","fetched_at":"2026-10-01T20:30:44.675+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-575-24","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-575-24","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-575-24","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-575-24","verification":{"stored_sha256":"b7ccb1b99f082a80e382d396eeeb2f5009246e823c20d05b90cd3ccffff7ae0a","recomputed_sha256":"b7ccb1b99f082a80e382d396eeeb2f5009246e823c20d05b90cd3ccffff7ae0a","intact":true,"checked_at":"2026-10-25T20:50:28.881Z"}},"hash":"sha256:af023c8f5c286ec86cd658fa1c8a7bb7cdfa9930745e4bd067838fb0be52beb2","version":"legal-2026-10-25","expires":"2026-10-26T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-25+legal-2026-10-25+2026-10-25T13:37:31","content_hash":"sha256:af023c8f5c286ec86cd658fa1c8a7bb7cdfa9930745e4bd067838fb0be52beb2","revalidate_after":"2026-10-25T21:50:29.200Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-575-24","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-575-24"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-575-24"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-575-24"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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