# C_2015213EN.01003701.xml

| 29.6.2015 | EN | Official Journal of the European Union | C 213/37 |
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29.6.2015

EN

Official Journal of the European Union

C 213/37

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Action brought on 27 March 2015 — Czech Republic v Commission

(Case T-141/15)

(2015/C 213/62)

Language of the case: Czech

Parties

Parties

Applicant: Czech Republic (represented by: M. Smolek and J. Očková, acting as Agents)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | annul Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2015) 53) in so far as it excludes expenditure of a total of EUR 2 1 23  199,04incurred by the Czech Republic; |
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annul Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2015) 53) in so far as it excludes expenditure of a total of EUR 2 1 23  199,04incurred by the Czech Republic;

| — | order the European Commission to pay the costs. |
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order the European Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging breach of Article 5 of Council Regulation (EC) No 479/2008 (1) and the principle of legal certainty and hence the protection of legitimate expectations






  — | The applicant submits in this connection that in the contested decision the European Commission imposed a financial correction on the ground of ineligible expenditure for measures which had been agreed by the procedure laid down in Article 5 of Council Regulation No 479/2008, and there was therefore a breach of that provision and of the principle of legal certainty and hence the protection of legitimate expectations. |
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1.

First plea in law, alleging breach of Article 5 of Council Regulation (EC) No 479/2008 (1) and the principle of legal certainty and hence the protection of legitimate expectations

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The applicant submits in this connection that in the contested decision the European Commission imposed a financial correction on the ground of ineligible expenditure for measures which had been agreed by the procedure laid down in Article 5 of Council Regulation No 479/2008, and there was therefore a breach of that provision and of the principle of legal certainty and hence the protection of legitimate expectations.

| 2. | Second plea in law, alleging breach of Article 41 of the Charter of Fundamental Rights of the European Union in conjunction with Articles 11 and 16 of Commission Regulation (EC) No 885/2006 (2) and Article 31 of Council Regulation (EC) No 1290/2005






  — | The applicant submits on this point that there was a breach of Article 41 of the Charter of Fundamental Rights of the European Union in conjunction with Articles 11 and 16 of Commission Regulation No 885/2006 and Article 31 of Council Regulation No 1290/2005 (3), since the European Commission additionally included the financial years 2010 to 2012 in investigations VT/VI/2009/004/CZ and VT/VI/2009/101/CZ. |
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2.

Second plea in law, alleging breach of Article 41 of the Charter of Fundamental Rights of the European Union in conjunction with Articles 11 and 16 of Commission Regulation (EC) No 885/2006 (2) and Article 31 of Council Regulation (EC) No 1290/2005

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The applicant submits on this point that there was a breach of Article 41 of the Charter of Fundamental Rights of the European Union in conjunction with Articles 11 and 16 of Commission Regulation No 885/2006 and Article 31 of Council Regulation No 1290/2005 (3), since the European Commission additionally included the financial years 2010 to 2012 in investigations VT/VI/2009/004/CZ and VT/VI/2009/101/CZ.

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(1)  Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (OJ 2008 L 148, p. 1).

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(2)  Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (OJ 2006 L 171, p. 90).

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(3)  Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1).

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