Judgment — ECLI:EU:T:2018:127
Date: 2018-03-09
Language of the case: Portuguese
Court formation: Fourth Chamber
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment - unfounded
Origin: Portugal

summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see para. 45) 4. Judicial proceedings — Introduction of new pleas during the proceedings — Plea raised for the first time at the hearing — Inadmissibility (Rules of Procedure of the General Court, Art. 84(1)) (see paras 46, 48) 5. Agriculture — Financing by the EAGF — Clearance of accounts — Disallowance of expenses arising from irregularities in applying EU rules — Assessment of losses suffered by the funds — Irregular expenses not capable of being determined with sufficient precision — Assessment based on flat-rate corrections — Lawfulness — Breach of principle of proportionality — None (Council Regulation No 1290/2005, Art. 31) (see paras 53, 54, 59) Re: Application under Article 263 TFEU for the annulment of Commission Implementing Decision (EU) 2016/1059 of 20 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) (OJ 2016 L 173, p. 59), in so far as it concerns the Portuguese Republic. Operative part The Court: 1. Dismisses the action; 2. Orders the Portuguese Republic to pay the costs. 2. Orders the Portuguese Republic to pay the costs.