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Case T-682/16: Action brought on 23 September 2016 — France v Commission
ECLI:EU:UNKNOWN:62016TN0682
62016TN0682
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Valentina R., lawyer
28.11.2016
EN
Official Journal of the European Union
C 441/24
(Case T-682/16)
(2016/C 441/28)
Language of the case: French
Parties
Applicant: French Republic (represented by: F. Alabrune, D. Colas and D. Segoin, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul Commission Implementing Decision C(2016) 4287 final of 12 July 2016, notified on 13 July 2016, suspending monthly payments to France under the European Agricultural Guarantee Fund (EAGF);
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of its action, the applicant relies on two pleas in law.
1.First plea in law, alleging infringement of Article 41(2)(b) of 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). This plea has two limbs.
—First limb: the French authorities implemented in full the action plan including clear progress indicators established following consultation with the Commission to which the contested decision refers.
—Second limb: the contested decision is based on factors which were not envisaged in the action plan.
2.Second plea in law, alleging breach of the principle of proportionality.