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Case T-265/19: Judgment of the General Court of 30 June 2021 — Italy v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Italy — Clearance of the accounts — Conformity clearance — Financial corrections — Regulation (EU) No 1306/2013 — Risk of financial loss — Regulation (EC) No 1290/2005 — Regulation (EC) No 885/2006 — Primary administrative or judicial finding — Existence of an irregularity)
ECLI:EU:UNKNOWN:62019TA0265
62019TA0265
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16.8.2021
Official Journal of the European Union
C 329/18
(Case T-265/19) (<span class="oj-super oj-note-tag">1</span>)
(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Italy - Clearance of the accounts - Conformity clearance - Financial corrections - Regulation (EU) No 1306/2013 - Risk of financial loss - Regulation (EC) No 1290/2005 - Regulation (EC) No 885/2006 - Primary administrative or judicial finding - Existence of an irregularity)
(2021/C 329/22)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: G. Palmieri, Agent, and R. Giuzzi, A. Giordano and L. Vignato, avvocati dello Stato)
Defendant: European Commission (represented by: D. Bianchi, J. Aquilina and F. Moro, Agents)
Re:
Application under Article 263 TFEU for the partial annulment of Commission Implementing Decision (EU) 2015/103 of 12 February 2019 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 2019 L 44, p. 14), in so far as it relates to certain expenditure incurred by the Italian Republic.
Operative part of the judgment
The Court:
1.Annuls Commission Implementing Decision (EU) 2015/103 of 12 February 2019 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) in so far as excludes from EU financing expenditure incurred by the Italian Republic, amounting to EUR 305 122,74;
2.Dismisses the action for the remainder;
3.Orders the Italian Republic and the European Commission each to bear their own costs.
(<span class="oj-super">1</span>) OJ C 206, 17.6.2019.