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Case T-112/15: Judgment of the General Court of 30 March 2017 — Greece v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Area-related aid scheme — Concept of permanent pasture — Obligation to state reasons — Proportionality — Flat-rate financial correction — Deduction of earlier correction)

ECLI:EU:UNKNOWN:62015TA0112

62015TA0112

March 30, 2017
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Official Journal of the European Union

C 151/29

(Case T-112/15)(1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Regulation (EC) No 1782/2003 - Regulation (EC) No 796/2004 - Area-related aid scheme - Concept of permanent pasture - Obligation to state reasons - Proportionality - Flat-rate financial correction - Deduction of earlier correction))

(2017/C 151/35)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented initially by I. Chalkias, G. Kanellopoulos, E. Leftheriotou and A. Vasilopoulou, and subsequently by G. Kanellopoulos, E. Leftheriotou and A. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented initially by D. Triantafyllou and A. Marcoulli, and subsequently by D. Triantafyllou, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Implementing Decision 2014/950/EU of 19 December 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) (OJ 2014 L 369, p. 71).

Operative part of the judgment

The Court:

1.Annuls Commission Implementing Decision 2014/950/EU of 19 December 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) as regards the amounts of correction of EUR 5 007 867.36, of deduction of EUR 2 318 055.75 and of financial impact of EUR 2 689 811.61, concerning expenditure incurred by the Hellenic Republic in the sector of Rural Development EAFRD Axis 2 (2007-2013, area related measures), for the 2009 financial year, in respect of the weaknesses regarding the Land Parcel Identification System (LPIS) and the on-the-spot checks (second pillar, 2008 claim year);

2.Dismisses the action as to the remainder;

3.Orders the Hellenic Republic to bear its own costs and to pay the costs incurred by the European Commission.

(1)

OJ C 171, 26.5.2015.

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