Judgment_paragraph 103 · European Commission v Republic of Poland (C-127/17)

103That interpretation of point 8.3 of Annex XII to the 2003 Act of Accession is supported by the context of that provision. It is apparent from Articles 2 and 10 of the 2003 Act of Accession that the Act is based on the principle that the provisions of EU law apply ab initio and in toto to new Member States and that derogations are allowed only on a transitional basis in so far as they are expressly provided for by transitional provisions (see, to that effect, judgment of 22 December 2010, Commission v Poland, C‑385/08, not published, EU:C:2010:801, paragraph 54 and the case-law cited). Accordingly, it cannot be accepted, in the absence of an express provision to that effect, that the derogating provisions laid down in point 8.3 of Annex XII to the 2003 Act of Accession were intended to be ongoing.