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Penalty for Poland for failing to implement the Whistleblower Protection Act on time

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​​​​​​​​​​by Maciej Ogórek

30 April 2024


On 25 April 2024, the Court of Justice of the European Union ruled in favour of the European Commission's complaint against Poland. It was about a delay in implementing the Directive on the protection of persons who report breaches of Union law. The deadline for implementing the Directive expired on 17 December 2021.

The Court upheld the Commission's request and ordered Poland to pay a penalty of 40 thousand euro per day from the date of the judgment until the adoption of national whistleblower protection laws. Poland must also pay a lump sum penalty of 7 million euro. 

The issuance of the judgment coincides with the acceleration of legislative work on transposing the above-mentioned Directive into Polish law. The government's Whistleblower Protection Bill was submitted to the Sejm on 17 April 2024. The Bill was sent for its first reading in parliamentary committees, which are to report back by 20 May 2024.  

The government's work on the legislation involved numerous amendments to the Bill and much controversy. Most of the controversial issues were debated in public, so the legislative process in the Sejm should proceed smoothly. 

This is important information for enterprises, especially those employing at least 50 people. They are the ones that will be primarily charged with implementing whistleblower protection procedures. 

You should already be thinking about putting the right solutions in place, and our experts would be glad to help – you are welcome to contact us. 

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Maciej Ogórek

Attorney at law (Poland)

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