EN Official Journal of the European Union C 311/11

Action brought on 1 August 2012 — Hungary v European Commission

(Case T-346/12)

2012/C 311/13

Language of the case: Hungarian

Parties

Applicant(s): Hungary (represented by: Miklós Zoltán and Katalin Szíjjártó, agents)

Defendant(s): European Commission

Form of order sought

— Annul the Commission Implementing Decision C(2012) 3324 final of 25 May 2012 on national financial assistance granted to producer organisations

Pleas in law and main arguments

In support of the action, the applicant alleges that the Commission exceeded its powers and breached the relevant provisions of European Union law in determining the amount of the partial reimbursement to Hungary of the national financial assistance granted in 2009 to producers’ organisations operating in the fruit and vegetable sector.

The applicant states that Union law does not provide for the option for the Commission, in its decision on partial Community reimbursement of national financial assistance granted, pursuant to Article 103e of Regulation (EC) No 1234/2007, (1) to producers’ organisations operating in the fruit and vegetable sector, to agree to reimburse only those amounts which were indicated by Hungary in its application for the grant of national assistance, where they are given as estimated, expected or provisional amounts.

The applicant considers that, under Article 103e of Regulation No 1234/2007, the Commission’s authorisation for national assistance relates to the grant of assistance and not to the establishment by the Commission of a maximum limit for the assistance which can be granted. That limit is laid down unequivocally in Regulation No 1234/2007 which provides that national assistance may not exceed 80 % of the financial contributions to the operational funds of members or producers’ organisations. Nor do the rules concerning partial Community reimbursement of national assistance allow the Commission, in authorising such partial reimbursement, to fix as a maximum limit the amount that the Member State communicated to the Commission in its application for authorisation either as the total amount of assistance or as the amount of assistance provided for certain producers’ organisations, especially when in that communication the Government of Hungary put forward the amounts in question as merely planned or provisional amounts.

Similarly, the applicant states that the Commission has the right to verify that the assistance actually received has not exceeded the above-mentioned maximum limit of 80 %, and that the reimbursement sought does not exceed 60 % of the assistance granted, but not to lay down a maximum limit for reimbursement of the amounts set out in the application for authorisation or in the communication on that application, especially when that application or communication stresses the estimated, planned or provisional nature of the data. Where, for certain reasons, there is a change during the year in the amount of national assistance given to any producers’ organisation, partial Community reimbursement is to be granted in respect of the amount actually received, provided that the requirements laid down by Union law in that regard are fulfilled.

(1) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ 2007 L 299, p. 1).