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set aside the judgment of the General Court in Case T-508/15 (1) (‘the judgment under appeal’) in so far as, in that judgment, the General Court dismissed the action for annulment of European Commission Implementing Decision (EU) 2015/1119 of 22 June 2015;

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annul European Commission Implementing Decision (EU) 2015/1119 of 22 June 2015 (2) or refer the judgment under appeal back to the General Court for review;

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order the European Commission to pay the costs.

(1)

The General Court erred in law in finding, in paragraph 83 of the judgment under appeal, that the derogation provided for in Article 33m(1) of Regulation No 1257/1999 (3) relates only to the age of the persons transferring the farm, since that provision is clearly related to the milk quota as evidence of commercial agricultural production.

(2)

The General Court also distorted the facts in paragraphs 74 to 79 of the judgment under appeal by concluding that the Government of the Republic of Lithuania had failed to demonstrate that holding a milk quota meant that the applicant was engaged in commercial agricultural production, which in essence did not correspond to the documents of the case submitted to it.