Judgment — ECLI:EU:T:2019:482
Date: 2019-07-04
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Italy

summary of the pleas in law on which the application is based — None — Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 28-31) 2. Agriculture — EAGF and EAFRD financing — Clearance of accounts — Disallowance of expenses arising from irregularities in applying EU rules — Finding of defects in the control system established by a Member State — Flat-rate correction issued by the Commission in accordance with internal guidelines — Lawfulness (European Parliament and Council Regulation No 1306/2013, Art. 52(2); Council Regulation No 1290/2005, Arts 31 to 33) (see paras 51-53, 80, 82, 97) 3. Agriculture — EAGF and EAFRD financing — Clearance of accounts — Procedure — Obligations of the Commission — Duty to act within a reasonable time — Criteria for assessment — Infringement — Consequences (Charter of Fundamental Rights of the European Union, Art. 41(1); Council Regulation No 1290/2005, Arts 31 to 33) (see paras 56-61) Re: Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Implementing Decision (EU) 2017/1144 of 26 June 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) (OJ 2017 L 165, p. 37), in so far as it concerns the Italian Republic. Operative part The Court: 1. Dismisses the action; 2. Orders the Italian Republic to pay the costs.