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Case T-206/08: Judgment of the General Court of 31 January 2012 — Spain v Commission (EAGGF — ‘Guarantee’ section — Expenditure excluded from Community financing — Wine sector — Prohibition on new vine plantations — National monitoring systems — Lump-sum financial correction — Procedural guarantees — Error of assessment — Proportionality)

ECLI:EU:UNKNOWN:62008TA0206

62008TA0206

January 31, 2012

10.3.2012

Official Journal of the European Union

C 73/26

(Case T-206/08) (<span class="super">1</span>)

(EAGGF - ‘Guarantee’ section - Expenditure excluded from Community financing - Wine sector - Prohibition on new vine plantations - National monitoring systems - Lump-sum financial correction - Procedural guarantees - Error of assessment - Proportionality)

2012/C 73/49

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented initially by: F. Díez Moreno, and subsequently by: M. Muñoz Pérez, acting as Agents)

Defendant: European Commission (represented by: F. Jimeno Fernández, acting as Agent)

Re:

Application for annulment in part of Commission Decision 2008/321/EC of 8 April 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 109, p. 35).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.

(<span class="super">1</span>) OJ C 197, 2.8.2008.

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