Judgment;Information — ECLI:EU:T:2025:129
Date: 2025-02-05
Language of the case: Polish
Court formation: Second Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Second Chamber) of 5 February 2025 – Poland v Commission (Case T‑1033/23) ( Law governing the institutions – Partial failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligations – Periodic penalty payment – Recovery of amounts receivable by offsetting – Article 101(1) and Article 102 of Regulation (EU, Euratom) 2018/1046 – Jurisdiction of the General Court ) 1. Action for annulment – Actions of the Member States – Action directed against the Commission’s decision to recover by set-off amounts due in respect of the daily penalty payment – Penalty payment imposed in interim proceedings ancillary to an action for failure to fulfil obligations – Jurisdiction of the General Court – Scope (Arts 256, 258, 260, 263 and 279 TFEU; Statute of the Court of Justice, Art. 51) (see paragraphs 21-25) 2. Commission – Powers – Implementation of the EU budget – Decision to recover by set-off – Applicant’s debt due to a failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligations – Partial compliance – Irrelevant (Art. 279 TFEU; European Parliament and Council Regulation 2018/1046, Arts 98, 101 and 102) (see paragraphs 33-37) 3. Interim relief – Interim measures – Application seeking to have cancelled or varied an order imposing interim measures – Change in circumstances – Ex nunc effects of the order varying or cancelling the interim measures imposed (Art. 279 TFEU; Rules of Procedure of the Court of Justice, Art. 163) (see paragraphs 46-49) 4. Commission – Powers – Implementation of the EU budget – Decision to recover by set-off – Applicant’s debt due to a failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligations – Obligation on the Commission to recover the debt – Option or obligation to adjust the amount of the debt according to the level of compliance with the order – None (Arts 279, 317, 322 TFEU: European Parliament and Council Regulation 2018/1046, Arts 101 and 102) (see paragraphs 51-56) Operative part The Court: 1. Dismisses the action; 2. Orders the Republic of Poland to pay the costs.