EN
C 71/36
Official Journal of the European Union
27.2.2023
Form of order sought The applicant claims that the Court should: — declare null and void point 4.1.8 of the 2023-2027 CAP Strategic Plan of Spain, approved by Commission Implementing Decision of 31 August 2022 approving the 2023-2027 CAP Strategic Plan of Spain for Union support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, which limits the basic income support to be received by each farmer to EUR 200 000 (‘the measure’).
Pleas in law and main arguments In support of the action, the applicant relies on four pleas in law. 1.
First plea, alleging infringement of Article 17 of Regulation (EU) 2021/2115 (1) establishing rules on support for CAP strategic plans and repealing Regulations (EU) 1305/2013 and (EU) 1307/2013. — In that regard, the applicant claims that Regulation (EU) 2021/2115 allows Member States to determine which interventions, among those listed in Chapters II, III and IV of Title II, best fit their specific needs and how to articulate them.
However, the contested decision contains an intervention other than those listed in that article, which constitutes misuse of powers and an overreach of the Commission’s mandate under Regulation (EU) 2021/2115. 2.
Second plea, alleging that there was no analysis or assessment whatsoever of the consequences of the absolute ceiling of EUR 200 000 on basic income support under the CAP. — In that regard, the applicant claims that no impact assessment of that measure was carried out when the contested decision was being prepared, either at Spanish or at European level.
Had even a preliminary examination been carried out, the measure would have been shown to be contrary to the objectives of the CAP as laid down in Articles 5 and 6 of Regulation (EU) No 2021/2115. 3.
Third plea, alleging distortion of the single market and competition to the detriment of Spanish farmers. — In that regard, the applicant claims that the contested decision leads to a serious and unjustified distortion of the internal market and undermines one of the essential mechanisms of the CAP.
It also submits that the measure places Spanish farmers in a worse position than their European counterparts. 4.
Fourth plea, alleging breach of the principle of proportionality. — In that regard, the applicant claims that the measure breaches the principle of proportionality in that it is neither appropriate nor necessary to achieve the aim pursued and imposes an excessive and unjustified sacrifice on farmers and their employees which is not in any way outweighed by the need to satisfy an overriding public interest.
(1)
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ 2021 L 435, p. 1).
Action brought on 22 December 2022 — Thunus and Others v EIB (Case T-799/22) (2023/C 71/48) Language of the case: French Parties Applicants: Vincent Thunus (Contern, Luxembourg) and eight other applicants (represented by: L. Levi, lawyer) Defendant: European Investment Bank