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Cases T-830/22 and T-156/23: Judgment of the General Court of 5 February 2025 – Poland v Commission (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)

ECLI:EU:UNKNOWN:62022TA0830

62022TA0830

February 5, 2025
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Official Journal of the European Union

C series

C/2025/1755

31.3.2025

(Cases T-830/22 and T-156/23)

(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/2025/1755)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna and S. Żyrek, acting as Agents)

Defendant: European Commission (represented by: O. Verheecke, J. Estrada de Solà and K. Herrmann, acting as Agents)

Re:

By its actions under Article 263 TFEU, the Republic of Poland seeks the annulment of the decisions of the European Commission of 12 October and 23 November 2022, in Case T-830/22, and of 13 January 2023, in Case T-156/23, 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, first, 15 July and 29 August 2022 and, secondly, 30 August and 28 October 2022.

Operative part of the judgment

The Court:

1.Joins Cases T-830/22 and T-156/23 for the purposes of the judgment;

2.Dismisses the actions;

3.Orders the Republic of Poland to pay the costs.

OJ C 63, 20.2.2023.

ELI: http://data.europa.eu/eli/C/2025/1755/oj

ISSN 1977-091X (electronic edition)

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