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Document 62015TN0156
Case T-156/15: Action brought on 27 March 2015 — France v Commission
Case T-156/15: Action brought on 27 March 2015 — France v Commission
Case T-156/15: Action brought on 27 March 2015 — France v Commission
Information about publishing Official Journal not found, p. 23–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2015 |
EN |
Official Journal of the European Union |
C 190/23 |
Action brought on 27 March 2015 — France v Commission
(Case T-156/15)
(2015/C 190/28)
Language of the case: French
Parties
Applicant: The French Republic (represented by: F. Alabrune, G. de Bergues, D. Colas and C. Candat, acting as agents)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
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Partially annul Commission Decision C(2015) 53 Final, of 16 January 2015, 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), in so far as, as regards direct aid, it is based on findings that have not been referred to in the Commission’s communications; and, in so far as the procedure for review does not allow the correct application of EU legislation on correct agricultural and environmental conditions in respect of the claim years 2011 and 2012 to be ensured; |
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Partially annul Decision C(2015) 53 Final in so far as it excludes from European Union financing the entirety of expenditure made in the sector of aids to the area in Upper Corsica for the claim years 2010 and following; |
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Partially annul Decision C(2015)53 Final in so far as it excludes from European Union financing the expenditure made by the French Republic in respect of the aid, Compensatory allowance for natural handicaps (CANH) concerning Axis 2 of the rural development plan for the financial years 2010, 2011, 2012 and 2013. In the alternative, partially annul that decision in so far as it excludes from European Union financing the expenditure made by the French Republic in respect of CANH aid for sheep which were the subject of on-the-spot checks made for verification of animal identification; |
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Partially annul Decision C(2015) 53 Final in so far as it excludes from European Union financing the expenditure made by the French Republic in the sector of the restructuring of the sugar industry at a level of 25 % of expenditure for aid paid to sugar producers who benefited from aid for complete dismantlement and maintained storage silos; in the alternative, partially annul that decision in so far as the financial correction imposed at a level of 25 % of the expenditure on aid paid to sugar producers who benefitted from aid for complete dismantlement and maintained storage silos is disproportionate; |
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Order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on eight pleas in law that concern three aspects of the contested decision.
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The part of the contested decision that concerns the sector of 1st pillar direct aids for the financial years 2011, 2012 and 2013
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The part of the contested decision concerning compensatory allowances for natural handicaps concerning Axis 2 of the rural development plan — EAFRD
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The part of the contested decision in respect of the financial correction applied in the restructuring of the sugar industry sector
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(1) Commission Regulation (EC) No 885/2006 of 21 June 2006 implementing Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other entities and the clearance of accounts for the EAGF and the EAFRD (OJ 2006 L 171, p. 90).
(2) Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).
(3) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (OJ 2006 L 368, p. 74).
(4) Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy.
(5) Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.