Judgment_paragraph 92 · Daimler AG v European Commission (T-359/19)

92In addition, in so far as the Commission submits that Article 12 of Implementing Regulation No 725/2011 should be interpreted in a way that is consistent with Regulation No 443/2009, it must be recalled that although, according to settled case-law, an implementing regulation must also be given, if possible, an interpretation consistent with the basic regulation, that case-law does not apply in the case of a provision of an implementing regulation whose meaning is clear and unambiguous and therefore requires no interpretation (see judgment of 28 February 2017, Canadian Solar Emea and Others v Council, T‑162/14, not published, EU:T:2017:124, paragraph 150 and the case-law cited). Otherwise, the principle that secondary EU law must be interpreted in conformity would serve as the basis for an interpretation of that law contra legem, which is not acceptable (see, to that effect, order of 17 July 2015, EEB v Commission, T‑685/14, not published, EU:T:2015:560, paragraph 31 and the case-law cited).

Daimler AG v European Commission (T-359/19)

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