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Document 62019CN0498
Case C-498/19 P: Appeal brought on 27 June 2019 by Romania against the order of the General Court (Eighth Chamber) delivered on 30 April 2019 in Case T-530/18, Romania v Commission
Case C-498/19 P: Appeal brought on 27 June 2019 by Romania against the order of the General Court (Eighth Chamber) delivered on 30 April 2019 in Case T-530/18, Romania v Commission
Case C-498/19 P: Appeal brought on 27 June 2019 by Romania against the order of the General Court (Eighth Chamber) delivered on 30 April 2019 in Case T-530/18, Romania v Commission
IO C 270, 12.8.2019, p. 27–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.8.2019 |
EN |
Official Journal of the European Union |
C 270/27 |
Appeal brought on 27 June 2019 by Romania against the order of the General Court (Eighth Chamber) delivered on 30 April 2019 in Case T-530/18, Romania v Commission
(Case C-498/19 P)
(2019/C 270/30)
Language of the case: Romanian
Parties
Appellant: Romania (represented by: C.-R. Canțăr, E. Gane, O.-C. Ichim and M. Chicu, acting as Agents)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
— |
uphold the appeal, set aside the order of the General Court in Case T-530/18 in its entirety, and give a new ruling on Case T-530/18 upholding the action for partial annulment of Implementing Decision (EU) 2018/873 of 13 June 2018 excluding from European Union financing certain expenditure incurred under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD): (1)
|
— |
uphold the appeal, set aside the order of the General Court in Case T-530/18 in its entirety, and remit Case T-530/18 back to the General Court so that it may give a new ruling on the action and, in so doing, uphold the action for annulment and annul in part Implementing Decision (EU) 2018/873 as described above; |
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order the Commission to pay the costs. |
Grounds of appeal and main arguments
A. |
Infringement of Articles 263 and 297 TFEU, and failure to observe the principle of legal certainty
|
B. |
Failure to observe the principle of audi alteram partem, including in relation to Article 64 of the Rules of Procedure of the General Court Romania considers that the General Court failed to observe the principle of audi alteram partem by failing to offer the Romanian authorities the opportunity to adopt a position with regard to the information, communicated by the Commission in response to the question put by that court, on the basis of which the action was dismissed as inadmissible. |
(1) Commission Implementing Decision (EU) 2018/873 of 13 June 2018 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) (OJ 2018 L 152, p. 29).