27.8.2011

EN

Official Journal of the European Union

C 252/39

(Case T-339/11)

2011/C 252/88

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul Commission Decision 2011/244/EU final of 15 April 2011 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), in so far as it is the subject of this action, and

—order the defendant to pay the costs.

Pleas in law and main arguments

By the contested decision, the Commission excludes from financing certain costs of environmental management of packaging (for the years 2006, 2007 and 2008), in the sum of EUR 37 252 551,10.

The applicant argues in that regard that, by its Decision 2010/152/EU, the Commission excluded from EAGGF financing EUR 33 339 525,05 in connection with assistance for operational programmes, for it took the view that Community assistance to cover the costs entailed by the environmental management of packaging in the years from 2003 to 2006 had not been granted in accordance with the provisions of European Union law. That decision was the subject of an action for annulment brought by the Kingdom of Spain, at present pending as Case T-230/10.

The arguments put forward in this action are the same as those set forth in Case T-230/10.