29.3.2016

EN

Official Journal of the European Union

C 111/31

(Case T-27/16)

(2016/C 111/36)

Language of the case: English

Parties

Applicant: United Kingdom of Great Britain and Northern Ireland (represented by: J. Kraehling, Agent, and S. Lee and M. Gray, Barristers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul part of Article 1 of the Implementing Decision (EU) 2015/2098 of the European Commission of 13 November 2015 which held inter alia that part of the agricultural expenditure concerning the calculation of the Value of Marketed Production declared by the United Kingdom was incurred contrary to Union Law, and cannot be financed under the EAGF and the EAFRD, requiring the annulment of five entries (the last entry on p. 42 and first four entries on p. 43) in the Annex to that Decision, which amount to a total financial correction of 1 849 194,86 euros; and

—order the Commission to pay the United Kingdom’s 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, alleging that the Commission has erred in law in its interpretation of the requirement that, when calculating the VMP of a Producer Organisation, for the purposes of establishing the ceiling on aid, a Member State may take into account the production of growers joining the organisation. In so holding, the Commission has ignored the clear provisions of, firstly Articles 3(1) and 3(3) of Commission Regulation 1433/2003, and, second, Articles 52(1) and 52(2) of Commission Regulation 1580/2007.

2.Second plea in law, alleging that, in its interpretation of the value of production of joiners, the Commission has acted in breach of the principles of legality and legal certainty, which apply with particular force where a measure leads to financial consequences and/or the imposition of a penalty.

Commission Implementing Decision (EU) 2015/2098 of 13 November 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) 7716) (OJ L 303, 2015, p. 35).

Commission Regulation (EC) No 1433/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial assistance (OJ L 203, 2003, p. 25).

Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (OJ L 350, p. 1).