# C_2016392EN.01004301.xml

| 24.10.2016 | EN | Official Journal of the European Union | C 392/43 |
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24.10.2016

EN

Official Journal of the European Union

C 392/43

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Action brought on 22 August 2016 — Portugal v Commission

(Case T-462/16)

(2016/C 392/57)

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 of 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, on the ground of ‘consolidation weaknesses’ it excludes from European Union financing the sum of EUR 29 957 339,70 relating to expenditure declared by the Portuguese Republic in connection with cross-compliance, in the financial years 2011, 2012 and 2013; |
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Annul Commission Decision C (2016) 3753 of 20 June 2016, notified on 21 June 2016, excluding from European Union financing of 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, on the ground of ‘consolidation weaknesses’ it excludes from European Union financing the sum of EUR 29 957 339,70 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. |
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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 3 pleas in law.

| 1. | First plea in law, alleging infringement of the principle of legitimate expectations which the Commission committed by acknowledging the implementation of a public development programme to adjust entitlements in accordance with Article 41(3) 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), but then proceeding, a posteriori, to refuse funding for the expenditure based on the adjustment of entitlements that had been proposed to it. |
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1.

First plea in law, alleging infringement of the principle of legitimate expectations which the Commission committed by acknowledging the implementation of a public development programme to adjust entitlements in accordance with Article 41(3) 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), but then proceeding, a posteriori, to refuse funding for the expenditure based on the adjustment of entitlements that had been proposed to it.

a posteriori,

| 2. | Second plea in law, alleging infringement of Articles 34, 36 and 41(3) of Regulation (EC) No 73/2009. |
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2.

Second plea in law, alleging infringement of Articles 34, 36 and 41(3) of Regulation (EC) No 73/2009.

| 3. | Third plea in law alleging infringement of Article 31(2) 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) and of the principle of proportionality. |
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3.

Third plea in law alleging infringement of Article 31(2) 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) and of the principle of proportionality.

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