Judgment of the General Court of 6 April 2022 — Hungary v Commission

(Case T-57/21) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Obligation to increase on-the-spot checks - Article 35 of Commission Implementing Regulation (EU) No 809/2014 - Legal value of the working documents of the Commission - Calculation of the increase in the rate of on-the-spot checks)

(2022/C 244/35)

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: M. Fehér and G. Koós, acting as Agents)

Defendant: European Commission (represented by: J. Aquilina, A. Sauka and Z. Teleki, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision (EU) 2020/1734 of 18 November 2020 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 2020 L 390, p. 10), only in so far as the European Commission excluded the sum of EUR 4 334 068,02 from the amount of financial aid granted to it by the European Agricultural Guarantee Fund (EAGF) for the financial year 2018 on account of an insufficient number of on-the-spot checks.

Operative part of the judgment

The Court:

1.

Annuls Commission Implementing Decision (EU) 2020/1734 of 18 November 2020 excluding from European Union financing certain expenditure by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), only in so far as that the European Commission excluded the sum of EUR 4 334 068,02 from the amount of financial aid granted to Hungary by the European Agricultural Guarantee Fund (EAGF) for the financial year 2018 on account of an insufficient number of on-the-spot checks;

2.	Orders the Commission to pay the costs.

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(1)  OJ C 88, 15.3.2021.