This document is an excerpt from the EUR-Lex website
Document 62013TN0257
Case T-257/13: Action brought on 8 May 2013 — Republic of Poland v Commission
Case T-257/13: Action brought on 8 May 2013 — Republic of Poland v Commission
Case T-257/13: Action brought on 8 May 2013 — Republic of Poland v Commission
IO C 207, 20.7.2013, p. 41–41
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
IO C 207, 20.7.2013, p. 11–11
(HR)
20.7.2013 |
EN |
Official Journal of the European Union |
C 207/41 |
Action brought on 8 May 2013 — Republic of Poland v Commission
(Case T-257/13)
2013/C 207/69
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna, Agent)
Defendant: European Commission
Form of order sought
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annul Commission Implementing Decision 2013/123/EU of 26 February 2013 (notified under document C(2013) 981) on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 67, p. 20) in so far as it excludes from financing the amounts of EUR 28 763 238,60 and EUR 5 688 440,96 incurred by the paying agency accredited by the Republic of Poland; |
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order the Commission to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging breach of the first subparagraph of Article 7(4) of Regulation (EC) No 1258/1999 (1) and of Article 31(1) of Regulation (EC) No 1290/2005 (2) by reason of the application of a financial correction which was based on a mistaken determination of the facts and on an incorrect legal interpretation
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2. |
Second plea in law, alleging breach of the fourth subparagraph of Article 7(4) of Regulation (EC) No 1258/1999 and of Article 31(2) of Regulation (EC) No 1290/2005, and also infringement of the principle of proportionality, by reason of the application of a flat-rate correction which was flagrantly excessive in relation to the risk of potential loss to the European Union budget
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3. |
Third plea in law, alleging breach of the second paragraph of Article 296 TFEU by virtue of the inadequate reasoning of the contested decision
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4. |
Fourth plea in law, alleging infringement of the principle of subsidiarity
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(1) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (OJ 1999 L 160, p. 103).
(2) Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1).