CELEX: 62013TN0110
Language: en
Date: 2013-02-23 00:00:00
Title: Case T-110/13: Action brought on 23 February 2013 — Republic of Lithuania v European Commission

4.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/23
            
         Action brought on 23 February 2013 — Republic of Lithuania v European Commission
   
   (Case T-110/13)
   2013/C 129/47
   Language of the case: Lithuanian
   
      Parties
   
   
      Applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, R. Krasuckaitė and D. Skara)
   
      Defendant: European Commission
   
      Form of order sought
   
   
               —
            
            
               annul Decision No FK/fa/D(2012) 1707818 of the European Commission of 10 December 2012 in so far as the debit note No 3241213460 attached to that decision relates to projects in respect of which the implementing parties have been placed in receivership, and order the Commission to return the amount of EUR 3 148 549,66;
            
         
               —
            
            
               annul Decision No FK/fa/D(2012) 1707818 of the European Commission of 10 December 2012 in so far as the debit note No 3241213460 attached to it relates to Project No P27010010, and order the Commission to return the amount of EUR 1 060 560,56;
            
         
               —
            
            
               order the European Commission to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on two pleas in law, each relating to a breach of European Union law:
   
               1.
            
            
               The European Commission, in adopting the contested decision and not having shared the losses on the administration of the SAPARD funds with the Republic of Lithuania, or in any event by not having considered that matter and by not having provided any reasons for the refusal to share the losses, breached Article 8(2) of Regulation No 1258/1999, (1) read in conjunction with Article 73(2) of Regulation No 1605/2002, (2) Article 87 of Regulation No 2342/2002 (3) and the principle of sincere cooperation set out in Article 4(3) TEU.
            
         
               2.
            
            
               The European Commission, having failed to provide, in sufficient time, information as to the possibility of cancelling the debt and striking the corresponding company off the list of debtors, breached the provision on mutual consultation contained in point 7.7.4 of Part F of the multiannual financing agreement concerning the special aid programme for agriculture and rural development (SAPARD) (4) signed in 2001 by the Republic of Lithuania and the European Commission, read in conjunction with the principle of sincere cooperation set out in Article 4(3) TEU.
            
         
      (1)  Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (OJ 1999 L 160 of 26.6.1999, p. 103).
   
      (2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248 of 16.9.2002, p. 1; corrigendum at OJ 2007 L 99 of 14.4.2007, p. 18).
   
      (3)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357 of 31.12.2002, p. 1; corrigendum at OJ 2005 L 345 of 28.12.2005, p. 35).
   
      (4)  Valstybės žinios, 29.8.2001, No 74-2589.