Judgment — ECLI:EU:T:2010:504
Date: 2010-12-09
Language of the case: Polish
Court formation: Eighth Chamber
Subject matter: Environment;Approximation of laws
Procedure: Action for annulment - successful
Origin: Poland

Summary of the Judgment Approximation of laws – Measures for establishing the single market – Introduction of new derogating national provision – Commission approval or rejection procedure – Time-limits (Art. 95(6), first and second para., EC) With regard to a Commission decision the object of which is to prevent the adoption of national provisions notified to the Commission by a Member State, its taking of effect – which by definition coincides with the interruption of the six-month time-limit laid down in the first subparagraph of Article 95(6) EC – cannot arise before the date on which it becomes enforceable as against that Member State, that is to say, the date on which it is notified. In consequence, the second subparagraph of Article 95(6) EC, which refers to the absence of a decision by the Commission within the period of six months referred to in the first subparagraph of this provision, cannot therefore be interpreted as meaning that the mere adoption of the decision interrupts that period, irrespective of when that decision is notified. The internal decision-making process of the Commission is not, as a general rule, perceptible to the Member State concerned. Accordingly, if the basis for interrupting the time-limit were to be taken as the adoption of the decision and not as its notification to the Member State concerned, that time-limit would be extended as regards the latter. (see paras 68-69)