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Case T-830/22: Action brought on 22 December 2022 — Poland v European Commission
ECLI:EU:UNKNOWN:62022TN0830
62022TN0830
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Official Journal of the European Union
C 63/64
(Case T-830/22)
(2023/C 63/82)
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 decisions of the European Commission contained in the letters of 12 October 2022 (1) and 23 November 2022 (2) concerning 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 15 July 2022 to 29 August 2022;
—order the European Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law, alleging infringement of Articles 101 and 102 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, (3) read in conjunction with Article 98 thereof, in that the procedure for recovery by offsetting of the amounts receivable was applied, whereas the order of 27 October 2021 had imposed daily penalty payments for the period until the date of compliance with the order of the Vice-President of the Court of Justice of 14 July 2021 (4) and the provisions whose application was required to be suspended by the order of 14 July 2021 had ceased to apply on 15 July 2022.
— Letter from the European Commission of 12 October 2022, Ref. ARES(2022)7041596.
— Letter from the European Commission of 23 November 2022, Ref. ARES(2022)8087579.
— 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).
— Order of the Vice-President of the Court of Justice of 14 July 2021, Commission v Poland, C-204/21 R, EU:C:2021:593.