On the allegedly incorrect transposition of Council Directive 2003/109/EC in respect of the Act on Foreigners in Poland 

The petitioner points out that the provisions of the Polish Act on Foreigners of 12 December 2013 are allegedly incompatible with Council Directive 2003/109/EC, and in particular with recitals 5, 6, 10 and 11 concerning the status of third-country nationals who are long-term residents, and with Article 5(2). According to the petitioner, it is too difficult or even impossible, for organisational reasons, to meet the requirements for official certification of knowledge of the Polish language in order to obtain a long-term residence permit in the EU: examination dates are too rare are only held in a small number of centres in Poland with a limited number of places. Moreover, in his opinion, the issue of obligatory and officially certified knowledge of the Polish language seems to contradict the provision of Article 5(2) of the Directive concerning the fulfilment of integration conditions.