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Judgment of the General Court (First Chamber) of 29 September 2011. # Republic of Poland v European Commission. # Agriculture - Act of Accession 2003 - Regulation (EC) No 1260/2001 - Regulation (EC) No 1686/2005 - Regulation (EC) No 1193/2009 - 2004/2005 marketing year - Additional levy - Setting of two coefficients - Competence - Legal basis - Empowering measure - Duty to state reasons - Compliance with essential procedural requirements. # Case T-4/06.
ECLI:EU:T:2011:546
62006TJ0004
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(Case T-4/06)
Agriculture – Act of Accession 2003 – Regulation (EC) No 1260/2001 – Regulation (EC) No 1686/2005 – Regulation (EC) No 1193/2009 – 2004/2005 marketing year – Additional levy – Setting of two coefficients – Competence – Legal basis – Empowering measure – Duty to state reasons – Compliance with essential procedural requirements
1. <i>Agriculture – Common organisation of the markets – Sugar – Commission regulation setting two additional levy coefficients – Legal basis – Regulation No 1260/2001 – Not permissible (Council Regulation No 1260/2001, Art. 16(2) and (5); Commission Regulation No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 61-65)</i>
2. <i>Accession of new Member States to the Communities – Act of Accession 2003 – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector – Commission regulation setting two additional levy coefficients – Legal basis – Article 41, first paragraph, Act of Accession – Lawfulness (Act of Accession 2003, Art. 41, first para.; Commission Regulations No 60/2004 and No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 70-72, 77-79)</i>
3. <i>Agriculture – Common organisation of the markets – Sugar – Commission regulation setting two additional levy coefficients – Legal basis – Duty to mention expressly in the statement of reasons for the measure – Scope – No express mention without the possibility of determination by recourse to other elements of the statement of reasons – Annulment of the provision concerned (Act of Accession 2003, Art. 41, first para.; Commission Regulation No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 80, 82-87, 90-93)</i>
Re:
ANNULMENT of Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year, as amended by Article 3 of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006.
Operative part
The Court:
1. Annuls Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year, as amended by Article 3 of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006;
2. Orders the European Commission to pay the costs.