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Case T-260/16: Judgment of the General Court of 25 September 2018 — Sweden v Commission (EAGF and EAFRD — Expenditure excluded from financing — Decoupled direct aids — On-the-spot checks — Remote sensing — Assessment of risk factors — Corrective action to be taken by the Member State concerned — Assessment of the financial loss — Proportionality)
ECLI:EU:UNKNOWN:62016TA0260
62016TA0260
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12.11.2018
Official Journal of the European Union
C 408/47
(Case T-260/16) (<span class="super note-tag">1</span>)
((EAGF and EAFRD - Expenditure excluded from financing - Decoupled direct aids - On-the-spot checks - Remote sensing - Assessment of risk factors - Corrective action to be taken by the Member State concerned - Assessment of the financial loss - Proportionality))
(2018/C 408/59)
Language of the case: Swedish
Parties
Applicant: Kingdom of Sweden (represented by: initially, L. Swedenborg, A. Falk, N. Otte Widgren, C. Meyer-Seitz and U. Persson, and subsequently L. Swedenborg, A. Falk and C. Meyer-Seitz, acting as Agents)
Defendant: European Commission (represented by: D. Triantafyllou and K. Simonsson, acting as Agents)
Intervener in support of the applicant: Czech Republic (represented by: M. Smolek and J. Vláčil, acting as Agents)
Re:
Application based on Article 263 TFEU seeking, primarily, annulment of Commission Implementing Decision (EU) 2016/417 of 17 Μarch 2016 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) (OJ 2016 L 75, p. 16), in so far as it concerns decoupled direct aids paid to the Kingdom of Sweden totalling EUR 8 811 286,44 for the claim year 2013 and, in the alternative, the reduction of the amount of those decoupled direct aids excluded from financing in the amount of EUR 1 022 259,46.
Operative part of the judgment
The Court:
1.Annuls Commission Implementing Decision (EU) 2016/417 of 17 Μarch 2016 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), in so far as it concerns decoupled direct aids paid to the Kingdom of Sweden totalling EUR 8 811 286,44 for the claim year 2013;
2.Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Sweden;
3.Orders the Czech Republic to bear its own costs.
(<span class="note">1</span>) OJ C 305, 22.8.2016.