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Case C-61/25 P: Appeal brought on 29 January 2025 by the European Commission against the judgment of the General Court (Tenth Chamber) delivered on 20 November 2024 in Case T-508/22, Spain v Commission
ECLI:EU:UNKNOWN:62025CN0061
62025CN0061
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Official Journal of the European Union
C series
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C/2025/1637
(Case C-61/25 P)
(C/2025/1637)
Language of the case: Spanish
Parties
Appellant: European Commission (represented by: F. Castilla Contreras and M. Salyková, acting as Agents)
Other party to the proceedings: Kingdom of Spain
Forms of order sought
The appellant claims that the Court should:
—Set aside point 1 of the operative part of the judgment under appeal in so far as it upholds the second part of the first plea in law;
—Dismiss the second part of the first plea in law as unfounded;
—Refer the case back to the General Court for a ruling on the fifth and sixth parts of the first plea in law and on the second plea in law; and
—Order the Kingdom of Spain to pay the costs.
Grounds of appeal and main arguments
—The first ground of appeal concerns an error in application of the rules on administration of the burden of proof in the context of the clearance of accounts procedure under Article 52(2) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008.
—The second ground of appeal concerns an error of law in the interpretation of the obligations on Member States in relation to application of the statutory management requirements (‘SMR’) and the checks in order to verify compliance with those SMR by farmers, in accordance with Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008.
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(1) OJ 2013 L 347, p. 549.
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ELI: http://data.europa.eu/eli/C/2025/1637/oj
ISSN 1977-091X (electronic edition)
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