Judgment — ECLI:EU:T:2013:96
Date: 2013-02-27
Language of the case: Polish
Court formation: Second Chamber
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment - unfounded
Origin: Poland

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 102, 107, 150) 4. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision relating to the clearance of accounts in respect of expenditure financed by the EAGGF — Financial corrections — Addressee State having been closely associated with the process of drawing up the decision — Infringement of the duty to state reasons — None (Art. 296 TFEU) (see paras 109-111) 5. Agriculture — EAGGF — Clearance of accounts — Disallowance of expenses arising from irregularities in applying EU rules — Challenge by the Member State concerned — Burden of proof — Allocation between the Commission and the Member State (Council Regulations No 1258/1999, Arts 7(4), fourth para., and No 1290/2005, Art. 31(2)) (see paras 138-142) Re: APPLICATION for the annulment of Commission Decision 2010/152/EU of 11 March 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 63, p. 7), in so far as it excludes certain expenditure incurred by the Republic of Poland. Operative part The Court: 1. Dismisses the action; 2. Orders the Republic of Poland to bear its own costs and to pay those incurred by the European Commission.