Government sues EU for first time since Brexit

Nicola Sturgeon's Scottish government was forced to pay a fine of £5.6 million (€6.4 million) after how the EU 2020 audit revealed irregularities in Common Agricultural Policy payments Photo: Robert Perry/PA

The UK government is taking the EU to court in the first case of its kind since Brexit, after SNP ministers in Scotland complained that Brussels had slammed their fines are too high.

Nicola Sturgeon's Scottish government was forced to pay a £5.6 million (€6.4 million) fine after a 2020 audit found failures in the administration of Common Agricultural Policy (CAP) payments to Scottish farmers.

SNP ministers have now asked the UK government to argue their case in the European Court and say the fine should be reduced by around £2.4 million (€2.7 million).

They themselves cannot go to court. challenge the fines because the European Commission's decision to impose the fine was initially applied against the UK as the relevant Member State.

The Department for Environment, Food and Rural Affairs (Defra) has confirmed that this is the UK's first legal case against the European Commission after the end of the Brexit transition period on December 31, 2020.

The Telegraph understands that the issue has raised eyebrows in Whitehall, given the Scottish National Party's virulent anti-Brexit stance and Scotland's desire to leave the UK and join the EU.

Under the terms of the Brexit Withdrawal Agreement, the UK has jurisdiction to challenge the fines as if it were still an EU member state. This is due to the fact that the audit was carried out before the end of the transition period.

Mark Spencer, Britain's agriculture secretary, said: «This is yet another example of the bureaucratic nature of the Common Agricultural Policy, which has disproportionately rewarded the largest landowners, holding back small farms and delivering little for food production or the environment.»

“This government supports British farmers. We have committed to maintaining the UK's £3.7 billion annual farming budget and our new farming policy will ensure that sustainable food production and environmental protection go hand in hand, offering something for every type of farmer.”

The European Commission imposed the fine after a review found problems with administrative reviews carried out by Ms Sturgeon's government into the basic CAP payment scheme.

But the Scottish Government disagrees with the review's findings and believes the commission misinterpreted relevant legislation.

The case revolves around the meaning of the concept of “active farmer”, which determines the eligibility of beneficiaries to receive direct payments from EU-funded schemes.

According to legal standards According to documents , presented in the case, which was listed as «United Kingdom v Commission», the UK is seeking a court order to cancel part of the fine. The government also wants the commission to pay legal costs.

A Scottish Government spokesman said: “The claim was brought by the UK Government. As this matter is still pending before the General Court, it is not appropriate to comment further at this stage.”