Slovenia v Commission (Judgment) French Text [2020] EUECJ T-626/17 (09 September 2020)

Slovenia v Commission (Judgment) French Text [2020] EUECJ T-626/17 (09 September 2020)

The Tribunal held that although the Commission applied Article 100(3) of Regulation (EU) No 1308/2013 retroactively to a period before its entry into force, this did not constitute a substantive excess of power because the predecessor provision (Article 118undecies of Regulation No 1234/2007) provided an equivalent...

Source-derived case information.

Citation
[2020] EUECJ T-626/17
Parties
Applicant: République de Slovénie; Respondent: Commission européenne; Intervener: République de Croatie
Jurisdiction
European Union
Judgment Date
09 September 2020
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
action dismissed
Legal Topics
Protected Designations of Origin (pdo), Wine Labelling, Retroactive Application of EU Regulations, Delegated Acts, Legal Certainty, Legitimate Expectations, Proportionality, Property Rights, EU Accession Law, Institutional Balance
European Union Law Agriculture Law Protected Designations of Origin (pdo) Wine Labelling Retroactive Application of EU Regulations Delegated Acts Legal Certainty Legitimate Expectations +4 more

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Parties

République de Slovénie

Applicant

Commission européenne

Respondent

République de Croatie

Intervener

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

  1. 1 Whether the Commission exceeded its powers by granting retroactive effect to Regulation (EU) 2017/1353 under Article 100(3) of Regulation (EU) No 1308/2013
  2. 2 Whether the retroactive application violated principles of legal certainty, legitimate expectations, acquired rights, and proportionality
  3. 3 Whether the rights of Slovenian wine producers under the PDO 'Teran' were infringed by the derogation for Croatian wines

Ratio Decidendi

The Tribunal held that although the Commission applied Article 100(3) of Regulation (EU) No 1308/2013 retroactively to a period before its entry into force, this did not constitute a substantive excess of power because the predecessor provision (Article 118undecies of Regulation No 1234/2007) provided an equivalent legal basis. The derogation for Croatian wines labelled 'Teran' was justified by pre-existing Croatian practices and did not violate the principles of legal certainty, legitimate expectations, or the property rights of Slovenian producers. The Commission acted within its powers and followed the correct procedure.

Court Disposition

action dismissed

Orders

  • The application for annulment is dismissed.
  • Slovenia is ordered to pay the costs.