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Document 62024CN0554
C-554/24 P: Appeal brought on 14 August 2024 by the Republic of Poland against the order of the General Court (Second Chamber, Extended Composition) delivered on 29 May 2024 in Joined Cases T-200/22 and T-314/22 Republic of Poland v Commission
C-554/24 P: Appeal brought on 14 August 2024 by the Republic of Poland against the order of the General Court (Second Chamber, Extended Composition) delivered on 29 May 2024 in Joined Cases T-200/22 and T-314/22 Republic of Poland v Commission
C-554/24 P: Appeal brought on 14 August 2024 by the Republic of Poland against the order of the General Court (Second Chamber, Extended Composition) delivered on 29 May 2024 in Joined Cases T-200/22 and T-314/22 Republic of Poland v Commission
OJ C, C/2024/6081, 21.10.2024, ELI: http://data.europa.eu/eli/C/2024/6081/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/6081 |
21.10.2024 |
Appeal brought on 14 August 2024 by the Republic of Poland against the order of the General Court (Second Chamber, Extended Composition) delivered on 29 May 2024 in Joined Cases T-200/22 and T-314/22 Republic of Poland v Commission
(C-554/24 P)
(C/2024/6081)
Language of the case: Polish
Parties
Appellant: Republic of Poland (represented by: B. Majczyna, acting as Agent)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
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annul in its entirety the judgment of the General Court of the European Union of 29 May 2024 (Poland v Commission, T-200/22 and T-314/22, EU:T:2024:329) |
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annul the decision of the European Commission contained in the letters of 7 February 2022, 8 February 2022, 16 March 2022, 31 March 2022 and 16 May 2022 relating to 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 20 September 2021 (Czech Republic v Poland, C-121/21 R, EU:C:2021:752) with regard to the period from 20 September 2021 to 3 February 2022; |
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order the European Commission to pay the costs of the proceedings at first instance and on appeal |
Grounds of appeal and main arguments
Poland raises the following grounds against the judgment under appeal:
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Ground of appeal alleging infringement of Article 279 TFEU on the ground that the General Court incorrectly interpreted that provision which led it to consider that the removal of the case in the main proceedings from the register did not have the effect of extinguishing the Member State’s obligation to settle the amount payable in respect of the periodic penalty payment imposed on that Member State in proceedings for interim measures. In the context of that ground of appeal, Poland notes in particular that the General Court infringed Article 279 TFEU in so far as:
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Ground of appeal alleging infringement of Article 36 of the Statute of the Court of Justice, relating to the obligation to state reasons on which judgments are based. |
In the context of that ground of appeal, Poland claims that the General Court did not comply with its obligation to state reasons, in so far as it did not duly set out the grounds based on which it rejected Poland’s arguments concerning the national legal systems, from which it follows that the precautionary measures imposed, pending a final ruling, cease to produce effects retroactively when the case in the main proceedings becomes devoid of purpose.
ELI: http://data.europa.eu/eli/C/2024/6081/oj
ISSN 1977-091X (electronic edition)