# C_2021228EN.01003801.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 228/38 |
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14.6.2021

EN

Official Journal of the European Union

C 228/38

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Action brought on 25 April 2021 — Italy v Commission

(Case T-221/21)

(2021/C 228/50)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent; G. Rocchitta, C. Gerardis, and E. Feola, avvocati dello Stato)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Implementing Decision 2021/261 of 17 February 2021 in so far as it applies, in respect of Italy, the financial corrections relating to Surveys AA/2017/013 (Area-linked aid — Paying agencies: all — Financial year 2018 — EUR 67 368 272,99) and CEB/2018/057 (Financial year 2017 and late payments — Paying agencies: all — Net amount: EUR 74 978 660,98 — Gross amount: EUR 75 696 497,28); |
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annul Commission Implementing Decision 2021/261 of 17 February 2021 in so far as it applies, in respect of Italy, the financial corrections relating to Surveys AA/2017/013 (Area-linked aid — Paying agencies: all — Financial year 2018 — EUR 67 368 272,99) and CEB/2018/057 (Financial year 2017 and late payments — Paying agencies: all — Net amount: EUR 74 978 660,98 — Gross amount: EUR 75 696 497,28);

| — | in the alternative, annul that [implementing] decision in so far as it applies a flat-rate correction of EUR 67 368 272,99 relating to Audit Survey AA/2017/013 (Area-linked aid — Paying agencies: all — Financial year 2018 — EUR 67 368 272,99) instead of the one-off correction fixed by the [Agenzia per le Erogazioni in Agricoltura (Italian Agricultural Payments Authority) (AGEA)] at EUR 27 848 824,26; |
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in the alternative, annul that [implementing] decision in so far as it applies a flat-rate correction of EUR 67 368 272,99 relating to Audit Survey AA/2017/013 (Area-linked aid — Paying agencies: all — Financial year 2018 — EUR 67 368 272,99) instead of the one-off correction fixed by the [Agenzia per le Erogazioni in Agricoltura (Italian Agricultural Payments Authority) (AGEA)] at EUR 27 848 824,26;

| — | in any event, order the Commission to pay the costs of the proceedings. |
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in any event, order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

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

| 1. | First plea in law, regarding Survey AA/2017/013, relating to area-linked aid, alleging infringement of Article 4[(1)](h) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608), with regard to the definition of ‘permanent grassland’ adopted at national level pursuant to [Decreto Ministeriale n. 6513 del 18 novembre 2014 (Ministerial Decree No 6513 of the Italian Minister for Agricultural, Food and Forestry Policy of 18 November 2014)]. |
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1.

First plea in law, regarding Survey AA/2017/013, relating to area-linked aid, alleging infringement of Article 4[(1)](h) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608), with regard to the definition of ‘permanent grassland’ adopted at national level pursuant to [Decreto Ministeriale n. 6513 del 18 novembre 2014 (Ministerial Decree No 6513 of the Italian Minister for Agricultural, Food and Forestry Policy of 18 November 2014)].

| 2. | Second plea in law, regarding Survey AA/2017/013, alleging infringement of Article 52(2) of 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 well as Article 12(2) and (6) of Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ 2014 L 255, p. 18), with regard to the application of a flat rate despite the actual risk to the EU budget being calculable. |
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2.

Second plea in law, regarding Survey AA/2017/013, alleging infringement of Article 52(2) of 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 well as Article 12(2) and (6) of Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ 2014 L 255, p. 18), with regard to the application of a flat rate despite the actual risk to the EU budget being calculable.

| 3. | Third plea in law, regarding Survey AA/2017/013, alleging infringement of the second paragraph of Article 296 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union, with regard to the application of the general clause of ‘disproportionate effort’, used as the basis for applying the flat-rate correction. |
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3.

Third plea in law, regarding Survey AA/2017/013, alleging infringement of the second paragraph of Article 296 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union, with regard to the application of the general clause of ‘disproportionate effort’, used as the basis for applying the flat-rate correction.

| 4. | Fourth plea in law, regarding Survey CEB/2018/057, relating to late payments, alleging infringement of Article 5(4) of [Delegated] Regulation (EU) No 907/2014, with regard to assumed late payments relating to the 2015 single application even though there are ‘exceptional management conditions’ connected with the application of the 2015-2020 [Common Agricultural Policy] reform. |
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4.

Fourth plea in law, regarding Survey CEB/2018/057, relating to late payments, alleging infringement of Article 5(4) of [Delegated] Regulation (EU) No 907/2014, with regard to assumed late payments relating to the 2015 single application even though there are ‘exceptional management conditions’ connected with the application of the 2015-2020 [Common Agricultural Policy] reform.

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