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Case C-587/17 P: Judgment of the Court of Justice (Fourth Chamber) of 30 January 2019 — Kingdom of Belgium v European Commission (Appeal — European Agricultural Guarantee Fund (EAGF) — Regulation (EC) No 1290/2005 — Regulation (EU) No 1306/2013 — Expenses excluded from financing by the European Union — Unduly paid export refunds — Recovery — Not all judicial remedies were exhausted — No appeal on a point of law following the negative opinion of a lawyer authorised to act before the Cour de cassation (Belgium) — Article 267 TFEU — No reference for a preliminary ruling to the Court of Justice — Negligence on the part of a Member State)
ECLI:EU:UNKNOWN:62017CA0587
62017CA0587
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25.3.2019
Official Journal of the European Union
C 112/5
(Case C-587/17 P) (<span class="super note-tag">1</span>)
((Appeal - European Agricultural Guarantee Fund (EAGF) - Regulation (EC) No 1290/2005 - Regulation (EU) No 1306/2013 - Expenses excluded from financing by the European Union - Unduly paid export refunds - Recovery - Not all judicial remedies were exhausted - No appeal on a point of law following the negative opinion of a lawyer authorised to act before the Cour de cassation (Belgium) - Article 267 TFEU - No reference for a preliminary ruling to the Court of Justice - Negligence on the part of a Member State))
(2019/C 112/06)
Language of the case: French
Parties
Appellant: Kingdom of Belgium (represented by: J.-C. Halleux, M. Jacobs and C. Pochet, acting as Agents, and by E. Grégoire and J. Mariani, avocats)
Other party to the proceedings: European Commission (represented by: A. Bouquet and B. Hofstötter, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 20 July 2017, Belgium v Commission (T-287/16, not published, EU:T:2017:531);
2.Refers Case T-287/16 back to the General Court of the European Union;
3.Reserves the costs.
(<span class="note"> <a id="ntr1-C_2019112EN.01000501-E0001" href="#ntc1-C_2019112EN.01000501-E0001">*1</a> </span>) OJ C 412, 4.12.2017.