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Case T-38/19: Judgment of the General Court of 8 July 2020 — Portugal v Commission (EAGF and EAFRD — Expenditure excluded from financing — Non-compliance with cross-compliance rules — Tolerance and leniency in sanctions — Flat-rate financial correction — Assessment of financial damage to the EU — Proportionality — Legitimate expectations)

ECLI:EU:UNKNOWN:62019TA0038

62019TA0038

July 8, 2020
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12.10.2020

Official Journal of the European Union

C 339/14

(Case T-38/19) (<span class="oj-super oj-note-tag">1</span>)

(EAGF and EAFRD - Expenditure excluded from financing - Non-compliance with cross-compliance rules - Tolerance and leniency in sanctions - Flat-rate financial correction - Assessment of financial damage to the EU - Proportionality - Legitimate expectations)

(2020/C 339/16)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa, J. Saraiva de Almeida and P. Estêvão, acting as Agents)

Defendant: European Commission (represented by: B. Rechena and A. Sauka, acting as Agents)

Re:

Application under Article 263 TFEU seeking partial annulment of Commission Implementing Decision (EU) 2018/1841 of 16 November 2018 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 2018 L 298, p. 34).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Portuguese Republic to pay the costs.

(<span class="oj-super">1</span>) OJ C 103, 18.3.2019.

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