Official Journal of the European Union

C 35/50

(Case T-221/21) (*)

(EAGF and EAFRD - Expenditure excluded from financing - Area-related aid scheme - Financial corrections - Definition of ‘permanent grasslands’ - Article 4(1)(h) of Regulation (EU) No 1307/2013 - Article 5(3) of Delegated Regulation (EU) No 499/2014)

(2023/C 35/58)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and C. Gerardis, G. Rocchitta and E. Feola, avvocati dello Stato)

Defendant: European Commission (represented by: P. Rossi, J. Aquilina and F. Moro, acting as Agents)

Re:

By its action based on Article 263 TFEU, the Italian Republic seeks the annulment of Commission Implementing Decision (EU) 2021/261 of 17 February 2021 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 2021 L 59, p. 10), in so far as it concerns certain expenditure it has incurred.

Operative part of the judgment

The Court:

1.Annuls Commission Implementing Decision (EU) 2021/261 of 17 February 2021 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 it imposes a flat rate correction of 2 % on the Italian Republic relating to area aid granted in Italy in the amount of EUR 67 368 272,99 for the claim year 2017;

2.Dismisses the action as to the remainder;

3.Orders the Italian Republic and the European Commission to bear their own costs.

(*) Language of the case: Italian.

(1) OJ C 228, 14.6.2021.