Judgment of the General Court (Eighth Chamber) of 29 March 2012 — Czech Republic v Commission

(Case T-248/07)

Agriculture — Common organisation of the markets — Measures to be adopted due to the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination — Objective pursued by a provision of primary legislation — Decision 2007/361/EC

1.                     Accession of new Member States to the Communities — 2003 Act of Accession — Agriculture — Common organisation of the markets — Transitional measures concerning trade in agricultural products — Assessment of excess stocks — Attenuation of the obligation to eliminate excess stocks (2003 Act of Accession, Annex IV, Section 4(2); Commission Regulation No 1972/2003) (see para. 30)

2.                     Accession of new Member States to the Communities — 2003 Act of Accession — Agriculture — Common organisation of the markets — Transitional measures concerning trade in agricultural products — Elimination by new Member States of their excess stocks — Concept — Commission’s margin of discretion (2003 Act of Accession, Annex IV, Section 4(2)) (see paras 40-48)

3.                     Accession of new Member States to the Communities — 2003 Act of Accession — Agriculture — Common organisation of the markets — Transitional measures concerning trade in agricultural products — Duty of new Member States to eliminate their excess stocks — Commission decision imposing a payment obligation not designed to cover the costs of eliminating surpluses from the internal market — Incompatibility with Annex IV, Section 4(2) of the Act of Accession — Annulment (2003 Act of Accession, Annex IV, Section 4(2)) (see paras 49-52, 75-77, 79-80)

Re:

Operative part

The Court: