CELEX: 62021TN0040
Language: en
Date: 2021-01-25 00:00:00
Title: Case T-40/21: Action brought on 25 January 2021 — Slovakia v Commission

22.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 98/30
            
         
      Action brought on 25 January 2021 — Slovakia v Commission
      (Case T-40/21)
      (2021/C 98/34)
      Language of the case: Slovak
      
         Parties
      
      
         Applicant: Slovak Republic (represented by: B. Ricziová, Agent)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul 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) (1) in so far as it applies a financial correction to the Slovak Republic with regard to the measure ‘Decoupled direct aids’ in respect of the 2016 financial year (and concerning claim years 2013 and 2014) in a total amount of EUR 19 656 905,11;
               
            
                  —
               
               
                  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 a single pleas in law, which is based on the infringement of Article 52(4)(a) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (2) in conjunction with Article 34(2) of Commission Implementing Regulation (EU) No 908/2014 (3) inasmuch as the procedural guarantees under those provisions were not observed in relation to the Slovak Republic.
      In its plea in law, the applicant claims that by Implementing Decision 2020/1734, the Commission excludes from European Union financing the sum of EUR 19 656 905,11, incurred by the Slovak Republic under the EAGF and which is part of the financial correction with regard to the measure ‘Decoupled Direct Aids’ in respect of financial year 2016 (Single Area Payment Scheme — weaknesses in LPIS update-quality, quality of on-the-spot checks and instigation of recoveries — claim year 2015), whereas according to the applicant that sum includes claim years 2013 and 2014, which were not the subject of an investigation.
      
         (1)  OJ 2020 L 390, p. 10.
      
         (2)  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 (OJ 2013 L 347, p. 549).
      
         (3)  Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ 2014 L 255, p. 59).