Order of the Court (Eighth Chamber) of 23 March 2011 – Estonia v Commission

(Case C-535/09 P)

Appeal – Sugar – Determination of surplus quantities of sugar, isoglucose and fructose for the new Member States

1. Appeals – Grounds – Distortion of the clear sense of the evidence – None – Plea manifestly unfounded (Art. 256 TFEU; Statute of the Court of Justice, Art. 58) (see paras 21-28)

2. Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Manifest inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 113(2)) (see paras 33-35)

3. Appeals – Grounds – Mistaken assessment of the facts – Manifest inadmissibility (Art. 256 TFEU; Act of Accession 2003, Annex IV, para. 4(2); Statute of the Court of Justice, Art. 58; Commission Regulations No 60/2004 and No 832/2005) (see paras 44-49, 80-85, 92-95)

4. Appeals – Grounds – Breach of a rule of law – Plea manifestly unfounded (Art. 256 TFEU; Act of Accession 2003, Annex IV, para. 4(2); Statute of the Court of Justice, Art. 58; Commission Regulations No 60/2004 and No 832/2005) (see paras 53-57)

5. Appeals – Grounds – Breach of a rule of law – Plea manifestly unfounded (Art. 256 TFEU; Statute of the Court of Justice, Art. 58; Commission Regulation No 60/2004, Art. 6(1)(2)(c)) (see paras 61-63)

6. Appeals – Grounds – Distortion of the clear sense of the evidence – None – Manifest inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58) (see paras 67-69)

7. Appeals – Grounds – Breach of principle of the protection of legitimate expectations – Discretion of the institutions – Legislation adapted to changes in the economic situation – Not possible to claim protection of legitimate expectations – Plea manifestly unfounded (see paras 72-74)

8. Appeals – Grounds – Breach of the principle of legal certainty – Plea submitted for the first time in the context of the appeal – Manifest inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 113(2)) (see paras 75-76)

9. Appeals – Grounds – No breach of the principle audi alteram partem – (see paras 88-89)

Re:

Operative part

1.The appeal is dismissed.

2.The Republic of Estonia is ordered to bear its own costs and to pay the costs incurred by the European Commission.

3.The Republic of Latvia is ordered to bear its own costs.