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Case T-237/17: Judgment of the General Court of 20 March 2019 — Spain v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Criterion for the recognition of a producer organization — Article 11 of Regulation (EC) No 2200/96 — Financial correction)
ECLI:EU:UNKNOWN:62017TA0237
62017TA0237
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Official Journal of the European Union
C 155/40
(Case T-237/17) (<span class="super note-tag">1</span>)
(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Spain - Criterion for the recognition of a producer organization - Article 11 of Regulation (EC) No 2200/96 - Financial correction)
(2019/C 155/47)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: initially A. Gavela Llopis, M.A. Sampol Pucurull and S. Jiménez García, then M.A. Sampol Pucurull and S. Jiménez García, Agents)
Defendant: European Commission (represented by: D. Triantafyllou and I. Galindo Martín, Agents)
Re:
Application based on Article 263 TFEU and seeking the partial annulment of Commission Implementing Decision (EU) 2017/264 of 14 February 2017 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 2017 L 39, p. 12), in so far as it excludes certain expenditure incurred by the Kingdom of Spain.
Operative part of the judgment
The Court:
1.Annuls, inasmuch as it applies a flat-rate correction of 10 %, Commission Implementing Decision (EU) 2017/264 of 14 February 2017 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 2017 L 39, p. 12), in so far as it excludes certain expenditure incurred by the Kingdom of Spain;
2.Dismisses the action as to the remainder;
3.Declares that the Kingdom of Spain and the European Commission are to bear their own costs.
(<span class="note">1</span>) OJ C 202, 26.6.2017.