# C_2016392EN.01004401.xml

| 24.10.2016 | EN | Official Journal of the European Union | C 392/44 |
| --- | --- | --- | --- |

24.10.2016

EN

Official Journal of the European Union

C 392/44

---

Action brought on 22 August 2016 — Portugal v Commission

(Case T-463/16)

(2016/C 392/58)

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

The applicant claims that the Court should:

| — | Annul Commission Decision C (2016) 3753 of 20 June 2016, notified on 21 June 2016, 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 it excludes from European Union financing the sum of EUR 8 984 891,60 relating to expenditure declared by the Portuguese Republic in connection with cross-compliance, in the financial years 2011, 2012 and 2013; |
| --- | --- |

—

Annul Commission Decision C (2016) 3753 of 20 June 2016, notified on 21 June 2016, 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 it excludes from European Union financing the sum of EUR 8 984 891,60 relating to expenditure declared by the Portuguese Republic in connection with cross-compliance, in the financial years 2011, 2012 and 2013;

| — | Order the European Commission to pay the costs. |
| --- | --- |

—

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 six pleas in law.

| 1. | First plea in law, alleging failure to state reasons and infringement of Article 11 of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (OJ 2006 L 171, p. 90). |
| --- | --- |

1.

First plea in law, alleging failure to state reasons and infringement of Article 11 of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (OJ 2006 L 171, p. 90).

| 2. | Second plea in law, alleging infringement of Article 24 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16), and of the second paragraph of Article 54(c) of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ 2009 L 316, p. 65). |
| --- | --- |

2.

Second plea in law, alleging infringement of Article 24 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16), and of the second paragraph of Article 54(c) of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ 2009 L 316, p. 65).

| 3. | Third plea in law, alleging infringement of Article 26 and Article 53 of Regulation (EC) No 1122/2009. |
| --- | --- |

3.

Third plea in law, alleging infringement of Article 26 and Article 53 of Regulation (EC) No 1122/2009.

| 4. | Fourth plea in law alleging failure to state reasons. |
| --- | --- |

4.

Fourth plea in law alleging failure to state reasons.

| 5. | Fifth plea in law alleging infringement of the ‘ne bis in idem’ principle. |
| --- | --- |

5.

Fifth plea in law alleging infringement of the ‘ne bis in idem’ principle.

| 6. | Sixth plea in law alleging infringement of the principle of proportionality and of Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1). |
| --- | --- |

6.

Sixth plea in law alleging infringement of the principle of proportionality and of Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1).

---