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Case T-507/15: Action brought on 2 September 2015 — Poland v Commission
ECLI:EU:UNKNOWN:62015TN0507
62015TN0507
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Valentina R., lawyer
26.10.2015
EN
Official Journal of the European Union
C 354/44
(Case T-507/15)
(2015/C 354/54)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)
Defendant: European Commission
Form of order sought
—annul Commission Implementing Decision (EU) No 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) (notified under document C(2015) 4076) (OJ 2015 L 182, p. 39) in so far as it excludes from European Union financing the amounts of EUR 1 42 446,05 and EUR 5 5 3 75 053,74 paid by the accredited paying agency of the Republic of Poland;
—order the European Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law: infringement of Article 52(1) of Regulation No 1306/2013 (1) and breach of the principle of legal certainty and the principle of protection of legitimate expectations by applying a financial correction on the basis of incorrect findings of fact and incorrect interpretation of the law, even though the expenditure was carried out by the Polish authorities in accordance with the EU provisions.
2.Second plea in law: infringement of Article 52(2) of Regulation No 1306/2013 by applying a flat-rate correction in an amount grossly disproportionate to the risk of possible financial loss to the EU budget.
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549).