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Document 62020CJ0107
Judgment of the Court (Ninth Chamber) of 18 November 2021.
Hellenic Republic v European Commission.
Appeal – Common Agricultural Policy (CAP) – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EU) No 1306/2013 – Article 52(4)(c) – Flat-rate financial corrections – 24-month period – Expenses covered by the 24-month period – Method of calculating the correction – Adjustment of the rate of correction.
Case C-107/20 P.
Judgment of the Court (Ninth Chamber) of 18 November 2021.
Hellenic Republic v European Commission.
Appeal – Common Agricultural Policy (CAP) – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EU) No 1306/2013 – Article 52(4)(c) – Flat-rate financial corrections – 24-month period – Expenses covered by the 24-month period – Method of calculating the correction – Adjustment of the rate of correction.
Case C-107/20 P.
ECLI identifier: ECLI:EU:C:2021:937
Judgment of the Court (Ninth Chamber) of 18 November 2021 – Greece v Commission
(Case C‑107/20 P)
(Appeal – Common Agricultural Policy (CAP) – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EU) No 1306/2013 – Article 52(4)(c) – Flat-rate financial corrections – 24-month period – Expenses covered by the 24-month period – Method of calculating the correction – Adjustment of the rate of correction)
1. |
Agriculture – EAGF and EAFRD financing – Clearance of accounts – Limitation of refusal of financing – Twenty-four month period – Point from which time starts to run – Communication by the Commission of the results of verifications – Date of payment of the aid to be taken into consideration for calculating the period – Date of payment of the balance of the aid (European Parliament and Council Regulation No 1306/2013, Art. 52(4)(c); Council Regulation No 1290/2005, Art. 31(4)(c)) (see para. 52) |
2. |
Fundamental rights – Ne bis in idem principle – Conditions under which applicable – Existence of the same offence – Duplication of proceedings and penalties of a criminal nature (Charter of Fundamental Rights of the European Union, Art. 50) (see para. 66) |
3. |
Agriculture – EAGF and EAFRD financing – Clearance of accounts – Implementing decision imposing a flat-rate financial correction – Action for annulment of that decision – The Commission is not prevented from adjusting that decision, when reassessing a previously identified deficiency, as regards the correction rate applied (Arts 256 and 263 TFEU; European Parliament and Council Regulation No 1306/2013, Art. 52; Commission Regulation No 908/2014, Art. 34(7)) (see para. 74) |
4. |
Agriculture – EAFRD financing – Support for rural development – Eligibility of operations and expenses – Setting eligibility criteria at national level – Member States’ discretion – Limits – Actual selection of the projects by the managing authority (Council Regulation No 1698/2005, Art. 71) (see para. 87) |
5. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Account-clearing decision for expenses financed by EAGF and EAFRD (Art. 296 TFEU; Commission Regulation No 908/2014, Arts 36(a) and 40(4)) (see paras 97, 100, 102) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders the Hellenic Republic to pay the costs. |