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Cases T-200/22 and T-314/22: Judgment of the General Court of 29 May 2024 – Poland v Commission (Environment – Lignite mining activities at an open-cast mine – Turów lignite mine (Poland) – Law governing the institutions – Failure to comply with an order of the Court of Justice imposing interim measures – Periodic penalty payment – Recovery of debts by offsetting – Article 101(1) and Article 102 of Regulation (EU, Euratom) 2018/1046 – Removal of the case in the main proceedings from the register – No retroactive effect on the interim measures ordered – Obligation to state reasons)

ECLI:EU:UNKNOWN:62022TA0200

62022TA0200

May 29, 2024
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Official Journal of the European Union

C series

C/2024/4322

15.7.2024

(Cases T-200/22 and T-314/22)

(Environment - Lignite mining activities at an open-cast mine - Turów lignite mine (Poland) - Law governing the institutions - Failure to comply with an order of the Court of Justice imposing interim measures - Periodic penalty payment - Recovery of debts by offsetting - Article 101(1) and Article 102 of Regulation (EU, Euratom) 2018/1046 - Removal of the case in the main proceedings from the register - No retroactive effect on the interim measures ordered - Obligation to state reasons)

(C/2024/4322)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission (represented by: J. Estrada de Solà, O. Verheecke and K. Herrmann, acting as Agents)

Re:

By its actions under Article 263 TFEU, the Republic of Poland seeks the annulment, in Case T-200/22, of the decisions of the European Commission of 7 and 8 February 2022 and 16 and 31 March 2022 and, in Case T-314/22, of the Commission’s decision of 16 May 2022, by which the Commission recovered, by way of offsetting, the amounts payable by the Republic of Poland in respect of the daily penalty payment ordered by the Vice-President of the Court in her order of 20 September 2021, Czech Republic v Poland (C-121/21 R, EU:C:2021:752), for the periods between, first, 20 September 2021 and 17 January 2022 and, secondly, 18 January 2022 and 3 February 2022.

Operative part of the judgment

The Court:

1.Joins Cases T-200/22 and T-314/22 for the purposes of the judgment;

2.Dismisses the actions;

3.Orders the Republic of Poland to pay the costs.

Language of the case: Polish.

ELI: http://data.europa.eu/eli/C/2024/4322/oj

ISSN 1977-091X (electronic edition)

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