EN
C 15/18
Official Journal of the European Union
16.1.2023
Parties to the main proceedings Applicant: SC Avicarvil Farms SRL Defendants: Ministerul Agriculturii şi Dezvoltării Rurale, Agenţia pentru Finanţarea Investiţiilor Rurale, Agenţia de Plăţi şi Intervenţie în Agricultură, Agenţia de Plăţi şi Intervenţie în Agricultură — Centrul Judeţean Vâlcea
Operative part of the judgment Article 40(3) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended by Council Regulation (EC) No 74/2009 of 19 January 2009, and Article 58(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, read in conjunction with Article 310(5) TFEU, and the principles of the protection of legitimate expectations and legal certainty must be interpreted as not precluding the national authorities involved in the implementation of a non-repayable financial support measure from adopting, on account of a calculation error found by the European Court of Auditors, acts ordering a reduction in the amount of financial aid granted under the European Agricultural Fund for Rural Development (EAFRD) Rural Development Programme for Romania for the 2007 to 2013 programming period, as approved by the European Commission, without waiting for the Commission to adopt a decision excluding the amounts resulting from that calculation error from EU financing.
(1)
OJ C 452, 8.11.2021.
Judgment of the Court (Seventh Chamber) of 17 November 2022 — Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd, Greenoge Windfarm Ltd v European Commission (Case C-578/21 P) (1) (Appeal — State aid — Article 107(1) TFEU — Article 108(2) and (3) TFEU — Regulation (EU) 2015/1589 — Article 4 — Member State legislation on business property taxation — Methods for valuation of property used to calculate the basis of assessment of the rate payable — Complaint from wind farm operators — Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used — Preliminary examination procedure — Decision finding that there is no State aid — No economic and selective advantage — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Extent of the European Commission’s investigative duty — Principle of sound administration — Obligation to conduct the investigation procedure diligently and impartially — Scope of review by the General Court of the European Union) (2023/C 15/18) Language of the case: English Parties Appellants: Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd, Greenoge Windfarm Ltd (represented by: M. Segura Catalán, abogada, and M. Clayton, avocate) Other party to the proceedings: European Commission (represented by: I. Georgiopoulos, S. Noë and K. Herrmann, acting as Agents)