1.2.2014   

EN

Official Journal of the European Union

C 31/5

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set aside the judgment of the General Court of the European Union of 16 September 2013 in Case T-343/11;

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in so far as the state of proceedings permits the Court to give final judgment, dispose of the case by annulling Decision 2011/244/EU; (1)

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if the state of proceedings does not so permit, refer the case back to the General Court for a ruling on the merits;

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order the Commission to pay the costs, including those of the proceedings before the General Court.

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First ground : erroneous interpretation of Article 8 of Regulation No 1433/2003, (2) read in conjunction with Annex I, points 8 and 9, and Annex II, point 1, to that regulation, in so far as costs for the printing of packages were treated as packaging costs and as a result were considered ineligible.

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Second ground : erroneous interpretation of Article 8 of Regulation No 1433/2003, read in conjunction with points 8 and 9 of Annex I to that regulation, in so far as the wrong test was used for the requirements which apply to the description of promotional operations in an operational programme.

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Third ground : incorrect application of Article 7 of Regulation No 1258/1999 (3) and Article 31 of Regulation No 1290/2005 (4) in so far as the Commission was allowed a less onerous burden of proof.

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Fourth ground : erroneous interpretation of Article 6 of Regulation No 1432/2003, (5) read in conjunction with Article 11 of Regulation No 2200/96, (6) in so far as it was concluded that the producer organisation could not manage sales by means of seconded staff.

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Fifth ground : erroneous interpretation of Article 21 of Regulation No 1432/2003 in so far as it was concluded that it was necessary to withdraw recognition from the producer organisation FresQ.

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Sixth ground : incorrect application of Article 7(4) of Regulation No 1258/1999, of Article 31 of Regulation No 1290/2005 and of the principle of proportionality, read in conjunction with Article 21 of Regulation No 1432/2003, in so far as all of the payments made by the producer organisation FresQ were excluded from financing.