ISD Polska sp. z o.o. and Others v European Commission (C-369/09 P)

Judgment of 24 Mar 2011

law://eu/cjeu/2009/c-369-09/para_71@2026-11-12

71The appellants argue in that respect that, in accordance with the case-law of the Court of Justice (Case 98/78 Racke [1979] ECR 69; Case 99/78 Weingut Decker [1979] ECR 101; Case 84/81 Staple Dairy Products [1982] ECR 1763; Joined Cases C-74/00 P and C-75/00 P Falck and Acciaierie di Bolzano v Commission [2002] ECR I-7869), as a general rule, the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication. It may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected. That means that, save where indicated to the contrary, a Community law provision is deemed not to have retrospective effect.

ISD Polska sp. z o.o. and Others v European Commission (C-369/09 P)

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