25.8.2012

Official Journal of the European Union

C 258/2

(Case C-335/09 P) (<span class="super">1</span>)

(Appeal - Common organisation of the markets - Transitional measures adopted because of the accession of new Member States - Regulation (EC) No 1972/2003 on measures in respect of trade in agricultural products - Action for annulment - Period within which action must be brought - Point from which period starts to run - Lateness - Inadmissibility - Amendment of a provision of that regulation - Recommencement of period within which action must be brought - Partial admissibility - Grounds of appeal - Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection - Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality - Infringement of the principles of proportionality and protection of legitimate expectations - Infringement of the hierarchy of norms - Infringement of Article 41 of the 2003 Act of Accession - Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 - Infringement of duty to state reasons)

2012/C 258/02

Language of the case: Polish

Parties

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

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

Re:

Appeal brought against the judgment delivered on 10 June 2009 by the Court of First Instance (First Chamber, Extended Composition) in Case T-257/04 Poland v Commission, by which it dismissed the action seeking partial annulment 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 by Commission Regulation (EC) No 735/2004 of 20 April 2004 (OJ 2004 L 114, p. 13) — Misinterpretation of the fourth paragraph of Article 230 EC, of Article 3 of Regulation (EC) No 1972/2003, and of Regulation No 1 determining the languages to be used by the European Economic Community (OJ, English Special Edition 1952 to 1958, p. 59) — Breach of Article 253 EC and of Article 41 of the Act of Accession, infringement of the right to effective redress, and infringement of the principles of solidarity, proportionality, non-discrimination, good faith and legitimate expectations — Procedural irregularities resulting from the refusal of the Court of First Instance to examine the pleas in law alleging infringement of the principles of solidarity and good faith

Operative part of the judgment

The Court rules:

1.The appeal is dismissed;

2.The Republic of Poland is ordered to bear its own costs and to pay those of the European Commission.

(<span class="super">1</span>) OJ C 282, 21.11.2009.