CELEX: 62007TJ0247
Language: en
Date: 2012-03-29
Title: Judgment of the General Court (Eighth Chamber) of 29 March 2012. # Slovak Republic v European Commission. # Agriculture - Common organisation of the markets - Measures to be adopted on account of the accession of new Member States - Act of Accession of 2003 - Determination of surplus stocks of agricultural products other than sugar and financial consequences of their elimination - Objective pursued by a provision of primary law - Decision 2007/361/EC. # Case T-247/07.

Judgment of the General Court (Eighth Chamber) of 29 March 2012 — Slovakia v Commission
      (Case T-247/07)
      Agriculture — Common organisation of the markets — Measures to be adopted on account of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and financial consequences of their elimination
         — Objective pursued by a provision of primary law — Decision 2007/361/EC
      
      1.                     Accession of new Member States to the Communities — 2003 Act of Accession — Agriculture — Common organisation of the markets
            — Transitional measures concerning trade in agricultural products — Assessment of excess stocks — Attenuation of the obligation
            to eliminate excess stocks (2003 Act of Accession, Annex IV, Section 4(2); Commission Regulation No 1972/2003) (see para.
            30)
      2.                     Accession of new Member States to the Communities  2003 Act of Accession — Agriculture — Common organisation of the markets
            — Transitional measures concerning trade in agricultural products — Elimination by new Member States of their excess stocks
            — Concept — Commission’s margin of discretion (2003 Act of Accession, Annex IV, Section 4(2)) (see paras 40-48)
      3.                     Accession of new Member States to the Communities — 2003 Act of Accession — Agriculture — Common organisation of the markets
            — Transitional measures concerning trade in agricultural products — Duty of new Member States to eliminate their excess stocks
            — Commission decision imposing a payment obligation not designed to cover the costs of eliminating surpluses from the internal
            market — Incompatibility with Annex IV, Section 4(2) of the Act of Accession — Annulment (2003 Act of Accession, Annex IV,
            Section 4(2)) (see paras 49-52, 75-77, 79-80)
      Re:
      
         
               APPLICATION for annulment of Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural
                  products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic,
                  Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2007 L 123, p. 14), in so far as it
                  concerns the Slovak Republic.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other
                     than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia,
                     Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, in so far as it concerns the Slovak Republic;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the European Commission to pay its own costs and the costs incurred by the Slovak Republic;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Republic of Poland and the Republic of Lithuania to bear their own costs.