# C_2017213EN.01003201.xml

| 3.7.2017 | EN | Official Journal of the European Union | C 213/32 |
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3.7.2017

EN

Official Journal of the European Union

C 213/32

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Action brought on 20 April 2017 — Portugal v Commission

(Case T-233/17)

(2017/C 213/44)

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 C(2017) 766 of 14 January 2017, excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), in so far it excludes from financing the expenditure declared by Portugal under the ‘POSEI — specific supply arrangements’ (EUR 1 288 044,79), and ‘direct payments pertaining to the 2010 marketing year’ (EUR 830 326,12); |
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annul Commission implementing decision C(2017) 766 of 14 January 2017, excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), in so far it excludes from financing the expenditure declared by Portugal under the ‘POSEI — specific supply arrangements’ (EUR 1 288 044,79), and ‘direct payments pertaining to the 2010 marketing year’ (EUR 830 326,12);

| — | 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 three pleas in law.

| 1. | First plea in law, alleging infringement of the provision in 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), relating to the substantive requirements for formal communication laid down in that article. |
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1.

First plea in law, alleging infringement of the provision in 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), relating to the substantive requirements for formal communication laid down in that article.

| 2. | Second plea in law, alleging infringement of Article 8 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). |
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2.

Second plea in law, alleging infringement of Article 8 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).

| 3. | Third plea in law, alleging infringement of Article 23 of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (OJ 2006, L 42, p. 1). |
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3.

Third plea in law, alleging infringement of Article 23 of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (OJ 2006, L 42, p. 1).

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