# C_2017195EN.01004101.xml

| 19.6.2017 | EN | Official Journal of the European Union | C 195/41 |
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19.6.2017

EN

Official Journal of the European Union

C 195/41

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Action brought on 25 April 2017 — Republic of Poland v Commission

(Case T-241/17)

(2017/C 195/55)

Language of the case: Polish

Parties

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Implementing Decision (EU) 2017/264 of 14 February 2017 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 European Union financing expenditure in the amount of EUR 25 708 035,13 incurred by the payment agency accredited by the Republic of Poland; |
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annul Commission Implementing Decision (EU) 2017/264 of 14 February 2017 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 European Union financing expenditure in the amount of EUR 25 708 035,13 incurred by the payment agency accredited by the Republic of Poland;

| — | order the European Commission to pay the costs of the proceedings. |
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order the European Commission to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

| — | In support of the action, the applicant alleges infringement of Article 52(1) of Regulation No 1306/2013 (1) through the application of a financial correction in relation to expenditure incurred by the Polish authorities as compensation for non-harvesting operations in 2011 in the context of exceptional support measures for the fruit and vegetable sector laid down by Regulation No 585/2011, (2) on the basis of a misinterpretation of the law, notwithstanding the fact that that expenditure was carried out by the Polish authorities in accordance with EU legislation, and in particular did not infringe Article 85 of Regulation No 543/2011. (3) |
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In support of the action, the applicant alleges infringement of Article 52(1) of Regulation No 1306/2013 (1) through the application of a financial correction in relation to expenditure incurred by the Polish authorities as compensation for non-harvesting operations in 2011 in the context of exceptional support measures for the fruit and vegetable sector laid down by Regulation No 585/2011, (2) on the basis of a misinterpretation of the law, notwithstanding the fact that that expenditure was carried out by the Polish authorities in accordance with EU legislation, and in particular did not infringe Article 85 of Regulation No 543/2011. (3)

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(1)  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 and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549).

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(2)  Commission Implementing Regulation (EU) No 585/2011 of 17 June 2011 laying down temporary exceptional support measures for the fruit and vegetable sector (OJ 2011 L 160, p. 71).

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(3)  Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ 2011 L 157, p. 1).

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