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Case T-239/17: Judgment of the General Court of 7 May 2019 — Germany v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Germany — Flat-rate financial correction applied due to insufficient frequency of key controls — Obligation to calculate interest and record it in the accounts annually — Articles 31 and 32 of Regulation (EC)No 1290/2005 — Article 6(h) of Regulation (EC) No 885/2006 — Obligation to state reasons — Proportionality)
ECLI:EU:UNKNOWN:62017TA0239
62017TA0239
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24.6.2019
Official Journal of the European Union
C 213/28
(Case T-239/17) (<span class="oj-super oj-note-tag">1</span>)
(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Germany - Flat-rate financial correction applied due to insufficient frequency of key controls - Obligation to calculate interest and record it in the accounts annually - Articles 31 and 32 of Regulation (EC)No 1290/2005 - Article 6(h) of Regulation (EC) No 885/2006 - Obligation to state reasons - Proportionality)
(2019/C 213/27)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: initially D. Klebs and T. Henze, and subsequently D. Klebs, acting as Agents)
Defendant: European Commission (represented by: D. Triantafyllou, and M. Zalewski, acting as Agents)
Re:
Application on the basis of Article 263 TFEU seeking partial annulment of Commission Implementing Decision (EU)2017/264 of 14 February 2017 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 2017 L 39, p. 12), in so far as it concerns the Federal Republic of Germany.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 195, 19.6.2017.