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Case T-257/04: Judgment of the Court of First Instance of 10 June 2009 — Poland v Commission (Agriculture — Common organisation of the markets — Transitional measures to be adopted by reason of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Amendment of a provision of a regulation — Re-opening of the action against that provision and against all provisions forming a body of rules with it — Partial admissibility — Proportionality — Principle of non-discrimination — Legitimate expectations — Statement of reasons)
ECLI:EU:UNKNOWN:62004TA0257
62004TA0257
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Official Journal of the European Union
C 180/42
(Case T-257/04)(1)
(Agriculture - Common organisation of the markets - Transitional measures to be adopted by reason of the accession of new Member States - Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products - Action for annulment - Period within which proceedings must be commenced - Point from which time starts to run - Delay - Amendment of a provision of a regulation - Re-opening of the action against that provision and against all provisions forming a body of rules with it - Partial admissibility - Proportionality - Principle of non-discrimination - Legitimate expectations - Statement of reasons)
2009/C 180/76
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented: initially by J. Pietras, and subsequently by E. Ośniecka-Tamecka, T. Nowakowski, M. Dowgielewicz and B. Majczyna, acting as Agents, assisted by M. Szpunar, lawyer)
Defendant: Commission of the European Communities (represented: initially by A. Stobiecka-Kuik, L. Visaggio and T. van Rijn, and subsequently by T. van Rijn, H. Tserepa-Lacombe and A. Szmytkowska, acting as Agents)
Re:
Action for annulment of Article 3, Article 4(3) and the eighth indent of Article 4(5) of Commission Regulation (EC) No 1972/2003 of 10 November 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 (OJ 2003 L 293, p. 3), as amended by Commission Regulation (EC) No 230/2004 of 10 February 2004 (OJ 2004 L 39, p. 13) and Commission Regulation (EC) No 735/2004 of 20 April 2004 (OJ 2004 L 114, p. 13).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Republic of Poland to bear its own costs and to pay those of the Commission.
* * *
(1) OJ C 251, 9.10.2004.