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Case T-450/21: Judgment of the General Court of 20 September 2023 — Spain v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Voluntary coupled support in the animal sector — Treatment of late notifications — Adjustments — Conditions under which permissible — Second subparagraph of Article 53(4) of Delegated Regulation (EU) No 639/2014 — Administrative penalties — Article 31 of Commission Delegated Regulation (EU) No 640/2014 — Proportionality — Principle of non-discrimination — Sufficient quality of the on-the-spot checks — Article 34(3) to (5) of Implementing Regulation (EU) No 809/2014)
ECLI:EU:UNKNOWN:62021TA0450
62021TA0450
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Official Journal of the European Union
Series C
C/2023/765
(Case T-450/21) (*)
(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Spain - Voluntary coupled support in the animal sector - Treatment of late notifications - Adjustments - Conditions under which permissible - Second subparagraph of Article 53(4) of Delegated Regulation (EU) No 639/2014 - Administrative penalties - Article 31 of Commission Delegated Regulation (EU) No 640/2014 - Proportionality - Principle of non-discrimination - Sufficient quality of the on-the-spot checks - Article 34(3) to (5) of Implementing Regulation (EU) No 809/2014)
(C/2023/765)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: I. Herranz Elizalde, Agent)
Defendant: European Commission (represented by: J. Aquilina, A. Sauka and F. Castilla Contreras, Agents)
Intervener in support of the applicant: French Republic (represented by: J.-L. Carré and G. Bain, Agents)
Re:
By its action under Article 263 TFEU, the Kingdom of Spain seeks the annulment of Commission Implementing Decision (EU) 2021/988 of 16 June 2021 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 2021 L 218, p. 9), in so far as the decision relates to certain expenditure incurred by it.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Kingdom of Spain to bear its own costs as well as those incurred by the European Commission;
3.Orders the French Republic to bear its own costs.
(*) Language of the case: Spanish.
ELI: http://data.europa.eu/eli/C/2023/765/oj
ISSN 1977-091X (electronic edition)
* * *
ECLI:EU:C:2025:140
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