Judgment of the General Court (Sixth Chamber) of 20 September 2012 — Poland v Commission

(Case T‑333/09)

EAGGF — Modulation — Allocation between the Member States of savings made — Distinction between the old Member States and those which acceded to the European Union in 2004 — Article 9(2) of Regulation (EC) No 73/2009 — Solidarity — Equal treatment — Duty to state reasons

1.                     Acts of the institutions — Interpretation — Methods — Literal, systematic and teleological interpretation (see paras 34-37)

2.                     Agriculture — Common agricultural policy — EAGGF financing — Regulation No 73/2009 — Progressive reduction of direct payments to farmers — System of allocating amounts resulting from the reduction — Different system for old Member States and those acceding to the Union in 2004 — Objectives — Compliance with the principle of solidarity — Lawfulness (Council Regulation No 73/2009, Art. 9(2)) (see paras 39-49, 62-73)

3.                     Acts of the institutions — Interpretation — Statements of Member States entered into the Council’s minutes — To be taken into consideration — Inadmissibility in the absence of support in the measure itself (see para. 53)

4.                     Agriculture — Common agricultural policy — EAGGF financing — Regulation No 73/2009 — Progressive reduction of direct payments to farmers — System of allocating amounts resulting from the reduction — Different system for old Member States and those acceding to the Union in 2004 — Infringement of the principle of non-discrimination — States not finding themselves in the same situation — None (Council Regulation No 73/2009, Art. 9(2)) (see paras 78-83)

5.                     Acts of the institutions — Regulations — Duty to state reasons — Implementing regulation — Reference to the basic regulation (Art. 223 TFEU) (see paras 86-88)

Re:

APPLICATION for partial annulment of Commission Decision 2009/444/EC of 10 June 2009 allocating the amounts resulting from the modulation provided for in Articles 7 and 10 of Council Regulation (EC) No 73/2009 to the Member States for the years 2009 to 2012 (OJ 2009 L 148, p. 29) in so far as Annex I allocates to Member States for 2012 the amounts resulting from the modulation provided for in Article 9(2) and (3) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part

The Court:

1. Dismisses the application;

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