Official Journal of the European Union

C series

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C/2025/3879

(Case C-367/25 P)

(C/2025/3879)

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: E. Leftheriotou, Α.-Ε. Vasilopoulou and Κ. Konsta, acting as Agents)

Other party to the proceedings: European Commission

Form of order sought

The appellant asks that the Court uphold its appeal and set aside the judgment of the General Court of the European Union of 19 March 2025 in Case T-211/22, by which the General Court dismissed its action brought on 20 April 2022 for annulment of Commission Implementing Decision (EU) 2022/222 of 16 February 2022, (<span class="oj-super oj-note-tag">1</span>) so that that action is upheld and the decision of the Commission is annulled in so far as that decision excludes from European Union financing expenditure incurred by the Hellenic Republic in the gross amount of EUR 43 525 011,74 and the net amount, after corrections have been taken into account, of EUR 43 156 228,16, following enquiry XC/2018/001/GR relating to cross-compliance in respect of claim years 2016 and 2017 (financial years 2016 to 2019).

Grounds of appeal and main arguments

In support of its appeal, the appellant puts forward five grounds.

The first ground of appeal alleges incorrect interpretation as to the binding nature of the document entitled ‘Key controls and ancillary controls as regards cross-compliance in the context of conformity clearance procedures launched from 1 January 2015 ’ distributed by the Commission to the Member States and distortion of the content of that document, incorrect interpretation and application of the principle of legal certainty, and claims that the judgment under appeal does not state sufficient reasons.

By the second ground of appeal, the appellant submits that the judgment under appeal is vitiated by an error in the interpretation and application of the rules regarding conformity clearance procedures in the specific case of cross-compliance, read in conjunction with the principle of proportionality. More specifically, the appellant claims that the judgment under appeal must be set aside on account of the incorrect interpretation and application of those rules in so far as they establish that DG ‘Agriculture’ of the Commission is competent to review the application of rules that lie primarily within the competence of other Directorates General of the Commission and justify the imposition of a financial correction following findings that cannot lead to the imposition of administrative penalties. The appellant also submits that the reasons given in the judgment under appeal in that regard are insufficient and irregular.

The third ground of appeal alleges insufficient and contradictory reasons given in the judgment under appeal in individual paragraphs in which the General Court ruled on specific objections raised in relation to individual points of the key control ‘Scope and quality of on-the-spot checks’, as defined in the document of the Commission referred to above. The ground also alleges incorrect interpretation and application of Article 71 of Implementing Regulation (EU) No 809/2014, (<span class="oj-super oj-note-tag">2</span>) which requires Member States to ‘ensure that an appropriate level of control for all [cross-compliance] requirements and standards is achieved during the year’.

By the fourth ground of appeal, the appellant alleges that, in the field of cross-compliance, the General Court incorrectly interpreted and applied the aggravating circumstance under Article 12(7)(a) of Delegated Regulation (EU) No 907/2014. (<span class="oj-super oj-note-tag">3</span>) In addition, the appellant claims that the General Court incorrectly interpreted and applied Article 52(2) and (3) of Regulation (EU) No 1306/2013 (<span class="oj-super oj-note-tag">4</span>) and Article 34(1) and (2) of Implementing Regulation (EU) No 908/2014, (<span class="oj-super oj-note-tag">5</span>) in so far as it accepted that the Commission may, in the course of conformity clearance procedures, increase the correction rate proposed in its initial findings.

Lastly, by the fifth ground of appeal, the appellant claims that the General Court incorrectly interpreted and applied the provisions of Guidelines C(2015) 3675 final of 8 June 2015, in so far as it rejected the claims of the Hellenic Republic relating to the taking into consideration of the cumulative corrections applied to it previously, gave insufficient reasons in that regard and failed to observe the inter partes principle by having referred, in the judgment, to an algorithm that had not been relied on during the course of the procedure.

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Commission Implementing Decision (EU) 2022/222 of 16 February 2022 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 2022 L 37, p. 63).

Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ 2014 L 227, p. 69).

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ 2014 L 255, p. 18).

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 (OJ 2013 L 347, p. 549).

Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ 2014 L 255, p. 59).

ELI: http://data.europa.eu/eli/C/2025/3879/oj

ISSN 1977-091X (electronic edition)

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