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European Court of Justice

Question for Department for Exiting the European Union

UIN 70148, tabled on 30 March 2017

To ask the Secretary of State for Exiting the European Union, how many times the UK has made a legal challenge through the EU Court of Justice in each of the last 10 years; and if he will provide details of each such case.

Answered on

18 April 2017

Since 2007, the UK has made six legal challenges through the Court of Justice of the European Union, detailed below.

1. T-27/16 UK v Commission - This is a direct application by the UK to challenge aspects of the legislation (Implementing Decision (EU) 2015/2098) in relation to funding for Producer Organisations (POs). The UK incurred a disallowance for alleged deficiencies in the manner in which the UK calculates the Value of Marketed Production for POs. The UK believes that its procedures for including the VMP of new joiners to the PO is correct and in compliance with the legislation. Case ongoing.

2. T-245/13 UK v Commission - An application by the UK for the annulment of Commission Decision 2013/123/EU of 26 February 2013 excluding from EU financing certain expenditure incurred by the Member States, to the extent of an entry in the Annex relating to a 5.19% extrapolated correction of expenditure incurred in Northern Ireland in Financial Year 2010 (amounting to €16,513,582.57). Judgment was handed down 4 September 2015; the Court dismissed the action.

3. T-437/14 UK v Commission - An application by the UK for the partial annulment of the Annex to Commission Implementing Decision of 4 April 2014 on 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). Judgment handed down 28 September 2016; the Court dismissed the action.

4. T-115/10 - An application by the UK to annul Commission Decision 2010/45/EU of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC (the Habitats Directive), a third updated list of sites of Community importance for the Mediterranean bio-geographical region, to the extent that it lists the Estrecho Oriental site of Community importance. Judgment handed down 24 May 2011; the Court dismissed the action as inadmissible.

5. T-503/12 - An application by the UK to annul Commission Decision 2012/500/EU of 6 September 2012 excluding from EU financing certain expenditure incurred by the Member States, to the extent of four entries in the Annex relating to a 5% flat rate correction of expenditure incurred in Northern Ireland in Financial Year 2008 (amounting to EUR 277 231,60 and EUR 13 671 558,90) and in Financial Year 2009 (amounting to EUR 270 398,26 and EUR 15 844 193,29). Judgment handed down 4 September 2015; the Court dismissed the action.

6. T-107/09 - An application by the UK to annul Commission decision 2008/960/EC (on certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and under the European Agricultural Guarantee Fund) insofar as it has the effect of applying a correction to the Fruit and Vegetable aid scheme against the UK for alleged weaknesses in its control system concerning the recognition of Producer Organisations created before 2002. Case discontinued 1 September 2009.

Answered by

Department for Exiting the European Union
Named day
Named day questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.