Judgment — ECLI:EU:C:2012:450
Date: 2012-07-12
Language of the case: Estonian
Court formation: Second Chamber
Subject matter: Accession;Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Estonia

Summary of the Judgment 1. EU law — Principles — Legal certainty — Enforceability of the measures of public authorities — Requirement to be properly published in the Official Journal — Scope 2. Accession of new Member States — 2003 Act of Accession — Whether the measures adopted by the institutions before accession are immediately applicable — Enforceability against natural and legal persons — Conditions (Art. 297(2) TFEU; 2003 Act of Accession, Arts 2 and 58; Council Regulation No 1, Arts 4, 5 and 8; Commission Regulation No 1972/2003) 3. Accession of new Member States — 2003 Act of Accession — Agriculture — Common organisation of the markets — Transitional measures in respect of trade in agricultural products — Provisions of an EU regulation not published in the Official Journal in the language of a new Member State or reproduced in the national law of that Member State as at the date of accession — Non-enforceability against individuals — Individuals learning of those provisions by other means — No effect (2003 Act of Accession, Art. 58; Commission Regulation No 1972/2003) 1. See the text of the decision. (see paras 33, 36) 2. See the text of the decision. (see paras 34, 35, 37, 38, 40, 44) 3. Article 58 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded must be interpreted as precluding, in a new Member State, the application to individuals of provisions of Regulation No 1972/2003, on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which, as at 1 May 2004, had neither been published in the language of the Member State concerned in the Official Journal of the European Union nor reproduced in the national law of that Member State, even though those individuals could have learned of those provisions by other means. (see para. 47 and operative part)