# C_2018104EN.01004501.xml

| 19.3.2018 | EN | Official Journal of the European Union | C 104/45 |
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19.3.2018

EN

Official Journal of the European Union

C 104/45

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Action brought on 19 January 2018 — Poland v Commission

(Case T-21/18)

(2018/C 104/58)

Language of the case: Polish

Parties

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Implementing Decision (EU) 2017/2014 of 8 November 2017 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(2017) 7263) (OJ 2017 L 292, p. 61), in so far as it excludes from EU financing the net amounts of EUR 48 317 806,79 and EUR 26 638 201,22 in expenditure incurred by the payment agency accredited by the Republic of Poland; |
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annul Commission Implementing Decision (EU) 2017/2014 of 8 November 2017 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(2017) 7263) (OJ 2017 L 292, p. 61), in so far as it excludes from EU financing the net amounts of EUR 48 317 806,79 and EUR 26 638 201,22 in expenditure incurred by the payment agency accredited by the Republic of Poland;

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

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant raises three pleas in law.

| 1. | First plea in law, alleging infringement of Article 52(1) of Regulation No 1306/2013 (1) through the application of a financial correction based on incorrect findings of fact and an incorrect interpretation of the law, despite the fact that the expenditure was effected by the Republic of Poland in conformity with EU law. |
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1.

First plea in law, alleging infringement of Article 52(1) of Regulation No 1306/2013 (1) through the application of a financial correction based on incorrect findings of fact and an incorrect interpretation of the law, despite the fact that the expenditure was effected by the Republic of Poland in conformity with EU law.

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| 2. | Second plea in law, alleging infringement of Article 52(2) of Regulation No 1306/2013 through the application of a flat-rate correction which was flagrantly excessive in relation to the risk of potential financial damage to the EU budget. |
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2.

Second plea in law, alleging infringement of Article 52(2) of Regulation No 1306/2013 through the application of a flat-rate correction which was flagrantly excessive in relation to the risk of potential financial damage to the EU budget.

| 3. | Third plea in law, alleging infringement of the second paragraph of Article 296 TFEU by reason of insufficient substantiation of the correction applied. |
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3.

Third plea in law, alleging infringement of the second paragraph of Article 296 TFEU by reason of insufficient substantiation of the correction applied.

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(1)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549), as amended.

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