# C_2017104EN.01005101.xml

| 3.4.2017 | EN | Official Journal of the European Union | C 104/51 |
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3.4.2017

EN

Official Journal of the European Union

C 104/51

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Action brought on 20 January 2017 — Portugal v Commission

(Case T-31/17)

(2017/C 104/71)

Language of the case: Portuguese

Parties

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, J. Saraiva de Almeida and A. Tavares de Almeida, Agents)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | Annul Commission Implementing Decision (EU) 2016/2018 of 15 November 2016 (OJ 2016 L 312, p. 26), excluding from 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 financing the amount of EUR 660 202,73 relating to the expenditure declared by the Portugal under the technical assistance heading of the POSEI programme for the Azores in the financial years 2012 and 2013; |
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Annul Commission Implementing Decision (EU) 2016/2018 of 15 November 2016 (OJ 2016 L 312, p. 26), excluding from 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 financing the amount of EUR 660 202,73 relating to the expenditure declared by the Portugal under the technical assistance heading of the POSEI programme for the Azores in the financial years 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 its action, the applicant relies on three pleas in law.

| 1. | First plea in law, alleging an infringement of the principle of the protection of legitimate expectations. |
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1.

First plea in law, alleging an infringement of the principle of the protection of legitimate expectations.

| 2. | Second plea in law, alleging an infringement of Article 12(c) 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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2.

Second plea in law, alleging an infringement of Article 12(c) 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).

| 3. | Third plea in law, alleging a failure to state the grounds and an 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 170, p. 90). |
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3.

Third plea in law, alleging a failure to state the grounds and an 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 170, p. 90).

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