Judgment_paragraph 100 · European Commission v Republic of Poland (C-448/23)

100Before examining the first complaint, it should be noted that the obligation of the Member States to comply with the provisions of the Treaties is binding on all their authorities, including, for matters within their jurisdiction, all the courts. Thus, a Member State’s failure to fulfil obligations may, in principle, be established under Article 258 TFEU whatever the agency of that State whose action or inaction is the cause of the failure to fulfil its obligations, even in the case of a constitutionally independent institution (see, to that effect, judgment of 4 October 2018, Commission v France (Advance payment), C‑416/17, EU:C:2018:811, paragraphs 106 and 107 and the case-law cited).

European Commission v Republic of Poland (C-448/23)

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