Case T-33/21: Judgment of the General Court of 18 January 2023 — Romania v Commission (EAGGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Romania — National rural development programme 2007-2013 — Methods for calculating the rates of support relating to sub-measure ‘1a’ of Measure 215 — Welfare payments for ‘fattening pigs’ and ‘gilts’ — Increase of at least 10 % of the available space allocated to each animal — Obligation to state reasons — Legitimate expectations — Legal certainty — Legal classification of the facts — Article 12(6) and (7) of Delegated Regulation (EU) No 907/2014 — Guidelines on the calculation of the financial corrections in the framework of the conformity and financial clearance of accounts procedures)
Date: 2023-01-18
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, animal welfare, eligibility criteria, fattening, principle of legal certainty, rural development, swine








C_2023083EN.01001802.xml










6.3.2023   


EN


Official Journal of the European Union


C 83/18






Judgment of the General Court of 18 January 2023 — Romania v Commission
(Case T-33/21) (1)

(EAGGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Romania - National rural development programme 2007-2013 - Methods for calculating the rates of support relating to sub-measure ‘1a’ of Measure 215 - Welfare payments for ‘fattening pigs’ and ‘gilts’ - Increase of at least 10 % of the available space allocated to each animal - Obligation to state reasons - Legitimate expectations - Legal certainty - Legal classification of the facts - Article 12(6) and (7) of Delegated Regulation (EU) No 907/2014 - Guidelines on the calculation of the financial corrections in the framework of the conformity and financial clearance of accounts procedures)
(2023/C 83/21)
Language of the case: Romanian

Parties


Applicant: Romania (represented by: E. Gane and L.-E. Baţagoi, acting as Agents)

Defendant: European Commission (represented by: J. Aquilina, A. Biolan and M. Kaduczak, acting as Agents)

Re:

By its action under Article 263 TFEU, Romania seeks annulment of Commission Implementing Decision (EU) 2020/1734 of 18 November 2020 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 2020 L 390, p. 10), in so far as it excludes certain expenditure incurred by Romania for the financial years 2017 to 2019 in the amount of EUR 18 717 475,08.

Operative part of the judgment

The Court:






1.


Annuls Commission Implementing Decision (EU) 2020/1734 of 18 November 2020 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), in so far as it excludes certain expenditure incurred by Romania under the EAFRD for the financial years 2017 to 2019 in the amount of EUR 18 717 475,08;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 163, 3.5.2021.