Judgment of the General Court (Second Chamber) of 5 February 2025

1. Action for annulmentActions of the Member StatesAction directed against the Commission’s decision to recover by set-off amounts due in respect of the daily penalty paymentPenalty payment imposed in interim proceedings ancillary to an action for failure to fulfil obligationsJurisdiction of the General CourtScope

(Arts 256, 258, 260, 263 and 279 TFEU; Statute of the Court of Justice, Art. 51)

(see paragraphs 21-25)

2. CommissionPowersImplementation of the EU budgetDecision to recover by set-offApplicant’s debt due to a failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligationsPartial complianceIrrelevant

(Art. 279 TFEU; European Parliament and Council Regulation 2018/1046, Arts 98, 101 and 102)

(see paragraphs 33-37)

3. Interim reliefInterim measuresApplication seeking to have cancelled or varied an order imposing interim measuresChange in circumstancesEx nunc effects of the order varying or cancelling the interim measures imposed

(Art. 279 TFEU; Rules of Procedure of the Court of Justice, Art. 163)

(see paragraphs 46-49)

4. CommissionPowersImplementation of the EU budgetDecision to recover by set-offApplicant’s debt due to a failure to comply with an order of the Court of Justice imposing interim measures in the context of an action for failure to fulfil obligationsObligation on the Commission to recover the debtOption or obligation to adjust the amount of the debt according to the level of compliance with the orderNone

(Arts 279, 317, 322 TFEU: European Parliament and Council Regulation 2018/1046, Arts 101 and 102)

(see paragraphs 51-56)

Operative part

The Court:

1. Dismisses the action;

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