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Case T-156/23: Action brought on 23 March 2023 — Poland v European Commission
ECLI:EU:UNKNOWN:62023TN0156
62023TN0156
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Official Journal of the European Union
C 173/36
(Case T-156/23)
(2023/C 173/47)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna and S. Żyrek, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the decision of the European Commission contained in the letter of 13 January 2023 (1) relating to the offsetting of the amounts receivable by way of the daily penalty payments imposed by the order of the Vice-President of the Court of Justice of 27 October 2021, Commission v Poland (C-204/21 R, EU:C:2021:878), with regard to the period from 30 August to 28 October 2022;
—order the European Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on the following pleas in law: infringement of Articles 101 and 102 of Regulation 2018/1046, (2) read in conjunction with Article 98 thereof, as a result of the application of the procedure for recovering the amounts receivable by offsetting despite the fact that the order of 27 October 2021 imposed daily penalties during the period until the date of compliance with the order of 14 July 2021, Commission v Poland (C-204/21 R, EU:C:2021:593), and, on 15 July 2022, the provisions the suspension of whose application was required by the order of 14 July 2021 ceased to apply.
(1) Letter from the European Commission dated 13 January 2023, Ref. ARES(2023)240070.
(2) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1).