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4.9.2017 |
EN |
Official Journal of the European Union |
C 293/29 |
Judgment of the General Court of 20 July 2017 — Spain v Commission
(Case T-143/15) (1)
((EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Spain - Decoupled direct aid in the claim years 2008 and 2009 - Failings in the control system - Assessment of control samples - Burden of proof - Aid for rural development in the Autonomous Community of Castilla y León in the claim years 2009 and 2010 - On-the-spot checks - Key controls - Proportionality))
(2017/C 293/33)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: M. Sampol Pucurull and M.J. García-Valdecasas Dorrego, acting as Agents)
Defendant: European Commission (represented by: D. Triantafyllou and I. Galindo Martín, acting as Agents)
Re:
Application under Article 263 TFEU for partial annulment of Commission Implementing Decision (EU) 2015/103 of 16 January 2015 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 2015 L 16, p. 33).
Operative part of the judgment
The General Court:
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1. |
Annuls Commission Implementing Decision (EU) 2015/103 of 16 January 2015 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 it concerns the financial correction imposed on the Kingdom of Spain following inquiry AA/2009/007/ES for the claim year 2009; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |