Judgment_paragraph 61 · Republic of Poland v European Commission (T-699/17)

61The second paragraph of Article 264 TFEU provides that, if the EU Courts consider this necessary, they are to state the effects of the act which they have declared void which must be regarded as definitive. That provision has been interpreted, inter alia, as allowing, on grounds of legal certainty (see, to that effect, judgments of 20 September 2017, Tilly-Sabco v Commission, C‑183/16 P, EU:C:2017:704, paragraph 124, and of 4 September 2018, Commission v Council (Agreement with Kazakhstan), C‑244/17, EU:C:2018:662, paragraph 52), but also on grounds seeking to prevent a lack of continuity or a decline in the implementation of policies conducted or supported by the European Union, such as in the fields of environmental protection or public health (see, to that effect, judgments of 25 February 1999, Parliament v Council, C‑164/97 and C‑165/97, EU:C:1999:99, paragraphs 22 to 24, and of 16 April 2015, Parliament v Council, C‑317/13 and C‑679/13, EU:C:2015:223, paragraphs 72 to 74), the effects of an act declared void to be maintained for a reasonable period.

Republic of Poland v European Commission (T-699/17)

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