Judgment of the General Court (First Chamber) of 29 September 2011 – Poland v Commission

(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.                     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)

2.                     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)

3.                     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)

Re:

Operative part

The Court: