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Case T-49/17: Judgment of the General Court of 7 May 2019 — Spain v Commission (EAGF and EAFRD — Expenditure excluded from financing — Financial corrections — Meaning of ‘producer’ — Investments made outside the premises of a producer organisation — Checks carried out before the approval of an operational programme — Check carried out in the authorisation of expenditure — Single financial correction — Flat-rate financial correction — Proportionality — Duty to state reasons)
ECLI:EU:UNKNOWN:62017TA0049
62017TA0049
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24.6.2019
Official Journal of the European Union
C 213/27
(Case T-49/17) (*)
(EAGF and EAFRD - Expenditure excluded from financing - Financial corrections - Meaning of ‘producer’ - Investments made outside the premises of a producer organisation - Checks carried out before the approval of an operational programme - Check carried out in the authorisation of expenditure - Single financial correction - Flat-rate financial correction - Proportionality - Duty to state reasons)
(2019/C 213/25)
Language of the case: Spanish
Parties
Applicant: Spain (represented initially by V. Ester Casas, abogado del Estado, and subsequently by S. Jiménez García, acting as Agent)
Defendant: European Commission (represented by: A. Lewis and M. Morales Puerta, acting as Agents)
Re:
Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Implementing Decision (EU) 2016/2018 of 15 November 2016, 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 2016, L 312, p. 26).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Kingdom of Spain to pay the costs.
(*) Language of the case: Spanish.
* * *
(1) OJ C 95, 27.3.2017.