# C_2020077EN.01005601.xml

| 9.3.2020 | EN | Official Journal of the European Union | C 77/56 |
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9.3.2020

EN

Official Journal of the European Union

C 77/56

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Action brought on 8 January 2020 — Czech Republic v Commission

(Case T-8/20)

(2020/C 77/77)

Language of the case: Czech

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Implementing Decision (EU) 2019/1835 of 30 October 2019 in so far as it excludes from European Union financing expenditure incurred by the Czech Republic under the European Agricultural Fund for Rural Development (EAFRD) in connection with the M14 measures for the financial years 2017, 2018 and 2019 in the total amount of EUR 35 109,02, and order the European Commission to pay the costs of the proceedings. |
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annul Commission Implementing Decision (EU) 2019/1835 of 30 October 2019 in so far as it excludes from European Union financing expenditure incurred by the Czech Republic under the European Agricultural Fund for Rural Development (EAFRD) in connection with the M14 measures for the financial years 2017, 2018 and 2019 in the total amount of EUR 35 109,02, and order the European Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law:

| — | The plea in law is based on the infringement of Article 52(1) 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. The Commission imposed a financial correction on the basis of an alleged infringement of a single provision of EU law, namely Article 25 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 with regard to the integrated administration and control system, rural development measures and cross compliance (‘Regulation No 809/2014’). However, there was no infringement of that provision. The Commission incorrectly submits that the initiation of an on-the-spot check on the first beneficiary constitutes the implicit announcement of subsequent controls and attributes the same consequences to that implicit announcement as if it were an actual announcement of a check within the meaning of Article 25 of Regulation No 809/2014. |
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The plea in law is based on the infringement of Article 52(1) 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. The Commission imposed a financial correction on the basis of an alleged infringement of a single provision of EU law, namely Article 25 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 with regard to the integrated administration and control system, rural development measures and cross compliance (‘Regulation No 809/2014’). However, there was no infringement of that provision. The Commission incorrectly submits that the initiation of an on-the-spot check on the first beneficiary constitutes the implicit announcement of subsequent controls and attributes the same consequences to that implicit announcement as if it were an actual announcement of a check within the meaning of Article 25 of Regulation No 809/2014.

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