# C_2012174EN.01001201.xml

| 16.6.2012 | EN | Official Journal of the European Union | C 174/12 |
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16.6.2012

EN

Official Journal of the European Union

C 174/12

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Judgment of the Court (Third Chamber) of 3 May 2012 — Kingdom of Spain v European Commission

(Case C-24/11 P) (1)

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(Appeal - EAGGF - ‘Guarantee’ section - Expenditure excluded from Community financing - Expenditure incurred by the Kingdom of Spain - Aid for the production of olive oil)

2012/C 174/16

Language of the case: Spanish

Parties

Parties

Appellant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Appellant:

Other party to the proceedings: European Commission (represented by: F. Jimeno Fernández, Agent)

Other party to the proceedings:

Re:

Re:

Appeal to have set aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission, by which the General Court dismissed its action seeking partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12), inasmuch as it relates to certain expenditure incurred by the Kingdom of Spain in the olive oil and arable crop sectors.

Spain

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission in so far as, by holding that the Commission’s letter AGR 16844 of 11 July 2002 was a communication within the terms of Article 8(1) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section, as amended by Commission Regulation (EC) No 2245/1999 of 22 October 1999, the General Court found that the date of notification of that letter was the reference point for the start of the 24-month period laid down in the fifth point of Article 5(2)(c) of Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy, as amended by Council Regulation (EC) No 1287/95 of 22 May 1995, and the fifth subparagraph of Article 7(4) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, for the purposes of the financial correction applied in Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in the olive oil sector by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills had been inadequately monitored by the Spanish authorities; |
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1.

Sets aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission in so far as, by holding that the Commission’s letter AGR 16844 of 11 July 2002 was a communication within the terms of Article 8(1) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section, as amended by Commission Regulation (EC) No 2245/1999 of 22 October 1999, the General Court found that the date of notification of that letter was the reference point for the start of the 24-month period laid down in the fifth point of Article 5(2)(c) of Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy, as amended by Council Regulation (EC) No 1287/95 of 22 May 1995, and the fifth subparagraph of Article 7(4) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, for the purposes of the financial correction applied in Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in the olive oil sector by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills had been inadequately monitored by the Spanish authorities;

| 2. | Annuls Decision 2008/68 in so far as it excludes from Community financing the expenditure incurred by the Kingdom of Spain in the olive oil sector outside the 24-month period which preceded the date of notification of the Commission’s letter of 24 November 2004, arranging the bilateral meeting of 21 December 2004, inasmuch as that expenditure is affected by the correction applied by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills were inadequately monitored by the Spanish authorities; |
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2.

Annuls Decision 2008/68 in so far as it excludes from Community financing the expenditure incurred by the Kingdom of Spain in the olive oil sector outside the 24-month period which preceded the date of notification of the Commission’s letter of 24 November 2004, arranging the bilateral meeting of 21 December 2004, inasmuch as that expenditure is affected by the correction applied by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills were inadequately monitored by the Spanish authorities;

| 3. | Orders the Kingdom of Spain and the European Commission to bear their own respective costs incurred both at first instance and in the present appeal. |
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3.

Orders the Kingdom of Spain and the European Commission to bear their own respective costs incurred both at first instance and in the present appeal.

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(1)  OJ C 95, 26.3.2011.

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