Order of the Court of First Instance (First Chamber, Extended Composition) of 10 June 2009 – Poland v Commission

(Case T-258/04)

Action for annulment – Transitional measures to be adopted by reason of the accession of new Member States – Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector – Time-limit for bringing an action – Point from which time starts to run – Lateness – Inadmissibility

Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Action against a regulation adopted pursuant to the 2003 Act of Accession by a State signatory to that Act not yet having the capacity of Member State – No effect – Time-limit applicable in its capacity as a legal person (Art. 230, fourth and fifth paras, EC; Act of Accession of 2003) (see paras 40-71)

Re:

ACTION for annulment of Articles 5, 6(1) to (3), 7(1) and 8(2)(a) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (OJ 2004 L 9, p. 8).

Operative part

1. The action is dismissed as inadmissible.

2. The Republic of Poland is ordered to bear its own costs and to pay those of the Commission.

3. The Republic of Cyprus is ordered to bear its own costs.