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Case T-139/15: Judgment of the General Court of 12 March 2019 — Hungary v Commission (EAGGF — Guarantee Section — EAGF — Sugar — Temporary scheme for the restructuring of the sugar industry in the European Community — Regulation (EC) No 320/2006 — Regulation (EC) No 968/2006 — Expenditure excluded from financing — Expenditure incurred by Hungary — Conditions for the grant of aid for full dismantling and aid for partial dismantling — Concept of ‘production facilities’ — Assessment of the use of silos on the date of submission of the application for aid — Concept of ‘full dismantling’ — Annex 2 to document VI/5330/97 — Difficulties in the interpretation of EU legislation — Cooperation in good faith)
ECLI:EU:UNKNOWN:62015TA0139
62015TA0139
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29.4.2019
Official Journal of the European Union
C 148/42
(Case T-139/15) (<span class="super note-tag">1</span>)
(EAGGF - Guarantee Section - EAGF - Sugar - Temporary scheme for the restructuring of the sugar industry in the European Community - Regulation (EC) No 320/2006 - Regulation (EC) No 968/2006 - Expenditure excluded from financing - Expenditure incurred by Hungary - Conditions for the grant of aid for full dismantling and aid for partial dismantling - Concept of ‘production facilities’ - Assessment of the use of silos on the date of submission of the application for aid - Concept of ‘full dismantling’ - Annex 2 to document VI/5330/97 - Difficulties in the interpretation of EU legislation - Cooperation in good faith)
(2019/C 148/38)
Language of the case: Hungarian
Parties
Applicant: Hungary (represented by: initially M. Fehér, G. Koós and A. Pálfy, and subsequently M. Fehér, G. Koós, Zs. Biró-Tóth and E. Tóth, acting as Agents)
Defendant: European Commission (represented by: P. Ondrůšek and B. Béres, acting as Agents)
Interveners in support of the applicant: French Republic (represented by: D. Colas, acting as Agent), Italian Republic (represented by: G. Palmieri, acting as Agent and C. Colelli, avvocato dello Stato)
Re:
Application under Article 263 TFEU seeking partial annulment of Commission Implementing Decision (EU) 2015/103 of 16 January 2015 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 2015 L 16, p. 33) in so far as it excluded an amount of EUR 11 709 400 from financing, by EAGF, in restructuring aid in the sugar sector granted by Hungary.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hungary to bear its own costs and to pay half of the costs incurred by the European Commission;
3.Orders the Commission to bear half of its own costs;
4.Orders the French Republic and the Italian Republic to bear their own costs.
(<span class="super">1</span>) OJ C 190, 8.6.2015.