Judgment_paragraph 84 · European Commission v Republic of Poland (C-147/23)

84In the first place, while it is true that the method of calculating the ‘n’ factor set out in the 2023 Communication does primarily take into account the GDP of the Member State concerned, it must nevertheless be observed that that method is based on the presumption of a correlation between the size of a Member State’s population and its capacity to pay, which is not necessarily the case. Accordingly, taking into account a demographic criterion such as that resulting from the method breaks the link between the ‘n’ factor and the actual capacity to pay of the Member State concerned, which may result in the determination of an ‘n’ factor that does not necessarily reflect that capacity, as the Advocate General noted in points 119 to 121 of his Opinion.

European Commission v Republic of Poland (C-147/23)

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