Case C-273/04: Action brought on 28 June 2004 by the Republic of Poland against the Council of the European Union
Date: 2004-09-25
Institutions: Court of Justice
Subjects: Council of the European Union, Poland, accession criteria, accession to the European Union, action for annulment (EU), equal treatment, payment, reform of the CAP, support mechanism, support policy

C 239/6

EN

Official Journal of the European Union

25.9.2004

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 31 October 2002.

(1) OJ L 316, 1.12.2001, p. 5.

the Common Agricultural Policy, but amounts rather to a
fundamental alteration of the conditions of accession defined in
that Act that is detrimental to the Republic of Poland and to
territory. The
agricultural producers operating within its
contested measure is not a measure that is necessitated by
reason of changes to the Community rules. Consequently, in
the view of the Government of the Republic of Poland, the
Council of the European Union did not have the power to
extend the restricted scope of payments by way of a decision
adopted pursuant to Article 23 of the Act of Accession. In
introducing the contested measure, the Council of the Euro-
pean Union has infringed Article 23 of the Act of Accession.

Action brought on 28 June 2004 by the Republic of
Poland against the Council of the European Union

(Case C-273/04)

(2004/C 239/10)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 28 June 2004 by the Republic of Poland, represented
by Jarosław Pietras.

The Republic of Poland claims that the Court should:

1. Declare

of

invalid Article

Council Decision
1.5
2004/281/EC of 22 March 2004 adapting 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 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, following the reform of the common
agricultural policy (1); and

the Republic of Lithuania,

The Government of the Republic of Poland submits further that
the contested measure is contrary to the objective of the Acces-
sion Treaty of ensuring full assumption by the new Member
States of the rights and duties deriving from membership of the
European Union and infringes the principle of non-discrimina-
tion set out in Articles 12 EC and 34(2) EC, second sub-
paragraph. The Accession Treaty was based on the principle
that the new Member States should accede with equal rights,
and thus in compliance with the fundamental principle of non-
discrimination and equal
for producers from the
treatment
Community of 15 States and for those from the new Member
States. That fundamental principle has been limited only in the
case of the listed instruments designed to support agricultural
producers. The contested measure, by contrast,
introduces a
is discriminatory in character and
divergent principle that
under which all direct payments, both present and future, will
be made on unequal bases resulting from the mechanism of
gradual
accordingly
results in departures from the principle of non-discrimination
and equal treatment within an indeterminate and uncertain
area.

contested measure

introduction. The

2. — conduct the proceedings in Polish,

— determine the case in plenary formation,

— order the Council of the European Union to pay the

costs.

Pleas in law and main arguments:

The Government of the Republic of Poland takes the view that
Article 23 of the Act of Accession, construed in accordance
with the principles governing the interpretation of international
agreements and Community law, does not provide any legal
basis for adoption of the measures specified in Article 1.5 of
Decision 2004/281/EC and based on the extension of
the
restricted scope of payments to the new direct payments.

The contested measure does not constitute an adjustment to
the Act of Accession designed to take account of changes to

The Government of the Republic of Poland also takes the view
that, by basing itself as a rule on solutions which in the Acces-
sion Treaty were exceptional in nature, the contested measure
undermines the negotiating compromise and constitutes an
infringement of the principle of good faith. The Government of
the Republic of Poland submits that, from the outset of the
accession negotiations, it recognised the instrument of gradual
introduction as being a solution exceptional
in character,
covering only the listed support instruments, but not as being a
principle for supporting agricultural incomes within the terri-
tory of the Republic of Poland.

(1) OJ L 93 of 30.3.2004, p. 1.