Case T-345/10: Action brought on 25 August 2010 — Portuguese Republic v Commission
Date: 2010-08-25
Institutions: General Court
Subjects: EAGGF, Portugal, action for annulment, financial aid








C_2010301EN.01003202.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/32





Action brought on 25 August 2010 — Portuguese Republic v Commission
(Case T-345/10)
()
2010/C 301/56
Language of the case: Portuguese

Parties


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

Defendant: European Commission

Form of order sought







—


Primarily:
annulment of Commission Decision C(2010) 4255 final of 29 June 2010 concerning the application of financial corrections to assistance from EAGGF Guidance to the operational programme CCI 1999.PT.06.1.PO.007 (Portugal — National Objective 1 programme) for the measure ‘Investments in agricultural holdings’, which reduced by EUR 16 411 829,46 the contribution of EAGGF Guidance to the expenditure awarded under Commission Decision C(2000) 2878 of 30 October 2000, under the operational programme CCI 1999.PT.06.1.PO.007 (Portugal — National Objective 1 programme); and










—


In the alternative:






1.


annulment of Commission Decision C(2010) 4255 final of 29 June 2010, in so far as it relates to Community financing of the expenditure incurred by the Portuguese Republic regarding applications approved between 28 October 2003 and November 2006, which amount to EUR 194 347 574,29;










2.


annulment of Commission Decision C(2010) 4255 final of 29 June 2010, in so far as it relates to Community financing of the expenditure incurred by the Portuguese Republic regarding applications referring to ‘investments in agricultural holdings’ associated with the setting-up of young farmers, which amount to EUR 94 621 812,06.














—


Order the European Commission to pay the costs.





Pleas in law and main arguments

The appellant invokes the following grounds of appeal:






(a)


infringement of Article 250 TFUE and lack of competence;










(b)


infringement of Article 39(3) of Council Regulation (EC) No 1260/99 of 21 June 1999, (1)











(c)


retroactive application of Article 5(2) of Council Regulation (EC) No 1257/99 of 17 May 1999, (2)











(d)


infringement of Article 4(2) of Commission Regulation (EC) No 445/2002 of 26 February 2002, (3)











(e)


infringement of Article 4 of Commission Regulation (EC) No 438/2001 of 2 March 2001, (4)











(f)


infringement of Article 5(2) of Regulation No 1257/99;










(g)


breach of the principle of equality;










(h)


breach of the principle of equality and the principle of protection of legitimate expectations and error as to the financial consequences to be drawn from the infringement of the Community rules;










(i)


breach of the principle of proportionality.






(1)  Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

(2)  Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80).

(3)  Commission Regulation (EC) No 445/2002 of 26 February 2002 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ L 2002 74, p. 1).

(4)  Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds (OJ 2001 L 63, p. 21)