# C_2016270EN.01005202.xml

| 25.7.2016 | EN | Official Journal of the European Union | C 270/52 |
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25.7.2016

EN

Official Journal of the European Union

C 270/52

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Action brought on 25 May 2016 — Portugal v Commission

(Case T-261/16)

(2016/C 270/60)

Language of the case: Portuguese

Parties

Parties

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

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul Commission Implementing Decision (EU) 2016/417 of 17 March 2016 (OJ 2016 L 75, p. 16) 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), in so far as it excludes from the financing an amount of EUR 385 762,22 for expenditure declared by Portugal in the context of the Specific Aid Measure established pursuant to Article 68 of Council Regulation (EC) No 73/2009 of 19 January, in the accounting years 2011, 2012 and 2013; |
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Annul Commission Implementing Decision (EU) 2016/417 of 17 March 2016 (OJ 2016 L 75, p. 16) 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), in so far as it excludes from the financing an amount of EUR 385 762,22 for expenditure declared by Portugal in the context of the Specific Aid Measure established pursuant to Article 68 of Council Regulation (EC) No 73/2009 of 19 January, in the accounting years 2011, 2012 and 2013;

| — | 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 infringement of Article 46(2) of Commission Regulation No 1122/2009 — Observance by the Portuguese authorities of all the rules concerning checks on the ‘supplementary payment per dairy cow equivalent unit’, in the context of the Specific Aid established by the Portuguese Government pursuant to Article 86 of Regulation No 73/2009. |
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1.

First plea in law, alleging infringement of Article 46(2) of Commission Regulation No 1122/2009 — Observance by the Portuguese authorities of all the rules concerning checks on the ‘supplementary payment per dairy cow equivalent unit’, in the context of the Specific Aid established by the Portuguese Government pursuant to Article 86 of Regulation No 73/2009.

| 2. | Second plea in law, alleging infringement of Article 31(2) of Council Regulation No 1290/2005, by failing to meet the requirements established by the Commission in the uniform guidelines included in document No VI/5330/97, for the application of a financial correction at a flat rate of 2 %. |
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2.

Second plea in law, alleging infringement of Article 31(2) of Council Regulation No 1290/2005, by failing to meet the requirements established by the Commission in the uniform guidelines included in document No VI/5330/97, for the application of a financial correction at a flat rate of 2 %.

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