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(Law governing the institutions - Partial failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligations - Periodic penalty payment - Recovery of amounts receivable by offsetting - Article 101(1) and Article 102 of Regulation (EU, Euratom) 2018/1046 - Jurisdiction of the General Court)
(C/2025/1643)
Language of the case: Polish
Applicant: Republic of Poland (represented by: B. Majczyna and S. Żyrek, Agents)
Defendant: European Commission (represented by: P. Van Nuffel, O. Verheecke and K. Herrmann, Agents)
By its action under Article 263 TFEU, the Republic of Poland seeks the annulment of three decisions of the European Commission, contained in the two letters of 4 August 2023 and in the letter of 9 August 2023, to recover 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 of Justice in the order of 27 October 2021, Commission v Poland (C-204/21 R, EU:C:2021:878), for the periods between 29 October and 31 December 2022, between 1 January and 28 February 2023 and between 1 March and 4 June 2023, respectively.
The Court:
Dismisses the action;
Orders the Republic of Poland to pay the costs.
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OJ C C/2023/1173, 4.12.2023.
ELI: http://data.europa.eu/eli/C/2025/1643/oj
ISSN 1977-091X (electronic edition)
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