# C_2011030EN.01003402.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/34 |
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29.1.2011

EN

Official Journal of the European Union

C 30/34

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Judgment of the General Court of 9 December 2010 — Poland v Commission

(Case T-69/08) (1)

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(Approximation of laws - Directive 2001/18/EC - National provisions derogating from a harmonisation measure - Commission decision rejecting those provisions - Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC)

2011/C 30/60

Language of the case: Polish

Parties

Parties

Applicant: Republic of Poland (represented by: initially M. Dowgielewicz, subsequently by M. Dowgielewicz, B. Majczyna and M. Jarosz, and finally by M. Szpunar, Agents)

Applicant:

Defendant: Commission (represented by: M. Patakia, C. Zadra and K. Herrmann, Agents)

Defendant:

Interveners in support of the applicant: Czech Republic (represented by M. Smolek, Agent); Hellenic Republic (represented by A. Samoni-Rantou and M. Tassopoulou, acting as Agents); and Republic of Austria (represented initially by E. Riedl, and subsequently by E. Riedl and C. Pesendorfer, and finally by E. Riedl, C. Pesendorfer, G. Hesse and M. Fruhmann, acting as Agents),

Interveners in support of the applicant:

Re:

Re:

Action for annulment of Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (OJ 2008 L 16, p. 17),

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms; |
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1.

Annuls Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms;

| 2. | Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland; |
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2.

Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;

| 3. | Orders the Czech Republic, the Hellenic Republic and the Republic of Austria to bear their own costs. |
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3.

Orders the Czech Republic, the Hellenic Republic and the Republic of Austria to bear their own costs.

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(1)  OJ C 92, 12.4.2008.

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