# C_2015389EN.01006201.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/62 |
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23.11.2015

EN

Official Journal of the European Union

C 389/62

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Action brought on 25 September 2015 — Portugal v Commission

(Case T-551/15)

(2015/C 389/70)

Language of the case: Portuguese

Parties

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, P. Estêvăo and J. Saraiva de Almeida, Agents)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| (1) | Annul Commission Implementing Decision (EU) 2015/1119, (1) in so far it excludes from European Union financing the sum of EUR 5 01  445,57 relating to expenditure declared by the Portuguese Republic in connection with the flax and hemp measure for the marketing year 1999/2000; |
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(1)

Annul Commission Implementing Decision (EU) 2015/1119, (1) in so far it excludes from European Union financing the sum of EUR 5 01  445,57 relating to expenditure declared by the Portuguese Republic in connection with the flax and hemp measure for the marketing year 1999/2000;

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| (2) | order the Commission to pay the costs. |
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(2)

order the 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 three pleas in law, alleging the following defects:

| 1. | infringement of Article 5(2) of Regulation No 729/70: (2) the Commission has failed to demonstrate any infringement of the rules governing the common organisation of agricultural markets; |
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infringement of Article 5(2) of Regulation No 729/70: (2) the Commission has failed to demonstrate any infringement of the rules governing the common organisation of agricultural markets;

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| 2. | infringement of Article 5(2) of Regulation No 729/70 on the ground that the conditions laid down by the Commission in the uniform guidelines set out in Document No VI/5330/97 (3) for the application of a flat-rate 25 % financial correction are not fulfilled; |
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2.

infringement of Article 5(2) of Regulation No 729/70 on the ground that the conditions laid down by the Commission in the uniform guidelines set out in Document No VI/5330/97 (3) for the application of a flat-rate 25 % financial correction are not fulfilled;

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| 3. | infringement of Article 31 of Regulation No 1290/2005: (4) expenditure incurred more than 24 months previously — on the ground that, by excluding from Community financing expenditure incurred in 1999 and 2000, the contested decision refuses to fund expenditure incurred more than 24 months before the Commission gave the Portuguese authorities written notification of its inspection findings deriving from the annulment of the Commission’s decision of 28 April 2006. (5) |
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3.

infringement of Article 31 of Regulation No 1290/2005: (4) expenditure incurred more than 24 months previously — on the ground that, by excluding from Community financing expenditure incurred in 1999 and 2000, the contested decision refuses to fund expenditure incurred more than 24 months before the Commission gave the Portuguese authorities written notification of its inspection findings deriving from the annulment of the Commission’s decision of 28 April 2006. (5)

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(1)  Commission Implementing Decision (EU) 2015/1119 of 22 June 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) (OJ 2015 L 182, p. 39).

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(2)  Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (OJ English Special Edition, 1970(I), p. 218).

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(3)  Commission Document No VI/5330/97 of 23 December 2007, Commission guidelines on the calculation of financial consequences when preparing decisions concerning the clearance of EAGGF, Guarantee Section, accounts.

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(4)  Council Regulation (EU) 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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(5)  Commission Decision of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 124, p. 21).

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