EN

Official Journal of the European Union

C 92/42

(Case T-69/08)

(2008/C 92/83)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)

Defendant: Commission of the European Communities

Form of order sought

—annul Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (decision notified under document number C(2007) 4697) (<span class="super">1</span>);

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision 2008/62/EC of 12 October 2007 which rejects proposed national provisions laying down a derogation from Directive 2001/18/EC (<span class="super">2</span>) that were notified by the Republic of Poland pursuant to Article 95(5) EC. The applicant states that it was notified by the Commission of the contested decision on 4 December 2007, that is to say after expiry of the six-month period laid down in Article 95(6) EC, meaning that, in accordance with that article, those provisions should be considered to have been approved upon expiry of the six-month period.

The applicant submits that the fact that the decision was adopted on 12 October 2007 is immaterial as regards observance of that time-limit; it is the date of notification of the contested decision, and that alone, which is decisive in this regard.

The applicant therefore puts forward the following pleas in support of its application:

—breach of Article 95(6) EC, in conjunction with Article 254(3) EC;

—breach of an essential procedural requirement consisting in the obligation to notify a decision to those to whom it is addressed within the period laid down by law and thus to enable them to become aware of the decision's content;

—breach of the principle of legal certainty.

(<span class="super">1</span>) OJ 2008 L 16, p. 17.

(<span class="super">2</span>) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).