The decision of the Commission of the European Union, the new Member States of the European Community to provide the amounts for the elimination of the date of their accession to the Union in their territory surpluses of agricultural products into account, violates the Act of Accession of these countries.Thus the decision of the Court of the European Union in the present case of complaints of Poland, Slovakia, Czech Republic and Lithuania for annulment of the Commission decision.In the enlargement of the European Union, on the 1st May 2004 ten new Member States are party, took the Union and the States concerned in the negotiations on agriculture, especially on the legal treatment of the surplus of agricultural products. It comes to the date of accession within the territory of the new Member States present and in free circulation stocks these products, which exceed the amount, which could be regarded as normal transmission stocks.After the Act of 20031, all surpluses can be eliminated at the expense of the new Member States – both private and public. The Commission shall take the necessary measures. In 2007, the Commission adopted, based on the provisions of this Act, a decision in which it determined the surpluses on the 1st May 2004 passed the territory of the new Member States. Poland, Slovakia, the Czech Republic and Lithuania have brought an action for annulment. If the action is well founded, the act is annulled. Decision of the Court of the European Union
Through creating of system must be ensured by that avoided either by the sale of the surplus on the domestic market caused disturbances. In addition, their economic impact can be compensated. The Commission may decide if this is carried out by the new Member States or by the Community, in the latter case it puts the cost to the Member States concerned.In the same time, the elimination of the surplus may cause an increase in demand in the internal market for the agricultural products. Thus, compensate for all or part of the detrimental effect of the existence of the surplus on the stability of the markets. The Commission’s decision is explained by the judgments of the Court of the European Union null and void.

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