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Case C-5/16: Judgment of the Court (Second Chamber) of 21 June 2018 — Republic of Poland v European Parliament, Council of the European Union (Action for annulment — Decision (EU) 2015/1814 — Determination of legal basis — No taking into account of the effects of a measure — Article 192(1) TFEU — Article 192(2)(c) TFEU — Measures significantly affecting a Member State’s choice between different energy sources and the general structure of its energy supply — Principle of sincere cooperation — Article 15 TEU — Powers of the European Council — Principles of legal certainty and protection of legitimate expectations — Principle of proportionality — Impact assessment)
ECLI:EU:UNKNOWN:62016CA0005
62016CA0005
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(Case C-5/16) (*1)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna and K. Rudzińska, acting as Agents, and by I. Tatarewicz, ekspert)
Defendants: European Parliament (represented by: A. Tamás and A. Pospíšilová Padowska, acting as Agents), Council of the European Union (represented by: M. Simm, A. Sikora, and K. Pleśniak, acting as Agents)
Interveners in support of the defendants: Kingdom of Denmark (represented by: M. Wolff, J. Nymann-Lindegren and C. Thorning, acting as Agents), Federal Republic of Germany (represented by: T. Henze, acting as Agent), Kingdom of Spain (represented by: A. Gavela Llopis and M. A. Sampol Pucurull, acting as Agents), French Republic (represented by: D. Colas, G. de Bergues, J. Traband, T. Deleuil and S. Ghiandoni, acting as Agents), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, U. Persson, N. Otte Widgren and L. Swedenborg, acting as Agents), European Commission (represented by: K. Herrmann, A. C. Becker, E. White and K. Mifsud-Bonnici, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Republic of Poland to pay the costs incurred by the European Parliament and the Council of the European Union;
3.Orders the Kingdom of Denmark, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Kingdom of Sweden and the European Commission to bear their own costs.
*
(*1) OJ C 98, 14.3.2016.