Case C-336/09 P: Judgment of the Court (Grand Chamber) of 26 June 2012 — Republic of Poland v European Commission (Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector — Action for annulment — Period within which action must be brought — Point from which period starts to run — Lateness — Inadmissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection)
Date: 2012-06-26
Institutions: Court of Justice
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, common organisation of markets, interpretation of the law, right to justice, sugar, transitional period (EU)








C_2012258EN.01000202.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/2





Judgment of the Court (Grand Chamber) of 26 June 2012 — Republic of Poland v European Commission
(Case C-336/09 P) (1)

(Appeal - Common organisation of the markets - Transitional measures adopted because of the accession of new Member States - Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector - Action for annulment - Period within which action must be brought - Point from which period starts to run - Lateness - Inadmissibility - Grounds of appeal - Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection)
2012/C 258/03
Language of the case: Polish

Parties


Appellant: Republic of Poland (represented: initially by M. Dowgielewicz, and subsequently by M. Szpunar, Agents)

Other party to the proceedings: European Commission (represented by: H. Tserepa-Lacombe, A. Stobiecka-Kuik and A. Szmytkowska, and by T. van Rijn, Agents)

Re:

Appeal against the order of the Court of First Instance (First Chamber, Extended Composition) of 10 June 2009 in Case T-258/04 Poland v Commission, by which it dismissed as inadmissible an action for partial annulment of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2004 L 9, p. 8) — Date from which the period for bringing an action for annulment begins to run — Erroneous interpretation of the fourth paragraph of Article 230 EC and of Regulation No 1 determining the languages to be used by the EEC (OJ, English Special Edition 1952-1958, p. 59) — Breach of the right to effective judicial protection and of the principles of solidarity and good faith — Procedural irregularities resulting from the Court of First Instance’s refusal to hear the pleas linked to the breach of those principles

Operative part of the judgment

The Court rules:






1.


The order of the Court of First Instance of the European Communities of 10 June 2009 in Case T-258/04 Poland v Commission is set aside.










2.


The case is referred back to the General Court of the European Union for judgment on the form of order submitted by the Republic of Poland seeking annulment of Articles 5, 6(1) to (3), 7(1) and 8(2)(a) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union.










3.


The costs are reserved.






(1)  OJ C 282, 21.11.2009.