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Case T-508/15: Judgment of the General Court of 22 November 2018 — Lithuania v Commission (EAGGF, EAGF and EAFRD — Expenditure excluded from financing — Expenditure by Lithuania — Aid for early retirement — Article 11(1) of Regulation (EC) No 1257/1999 — Article 23 of Regulation (EC) No 1698/2005 — Concept of carrying out a commercial farming activity — Connection with the concept of semi-subsistence farming)

ECLI:EU:UNKNOWN:62015TA0508

62015TA0508

November 22, 2018
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28.1.2019

Official Journal of the European Union

C 35/18

(Case T-508/15) (<span class="super note-tag">1</span>)

((EAGGF, EAGF and EAFRD - Expenditure excluded from financing - Expenditure by Lithuania - Aid for early retirement - Article 11(1) of Regulation (EC) No 1257/1999 - Article 23 of Regulation (EC) No 1698/2005 - Concept of carrying out a commercial farming activity - Connection with the concept of semi-subsistence farming))

(2019/C 35/21)

Language of the case: Lithuanian

Parties

Applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, M. Palionis, T. Lozoraitis, R. Krasuckaitė and A. Petrauskaitė, acting as Agents)

Defendant: European Commission (represented by: J. Aquilina and J. Jokubauskaitė, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2015/1119 of 22 June 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) (OJ 2015 L 182, p. 39), in that that decision imposed on the Republic of Lithuania a flat-rate financial correction of 5 %, thereby excluding the sum of EUR 1 938 300,08 from financing under the ‘Early retirement’ measure during the period from 16 October 2010 to 15 October 2013.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Republic of Lithuania to pay the costs.

(<span class="note">1</span>) OJ C 371, 9.11.2015.

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