# C_2022073EN.01003201.xml

| 14.2.2022 | EN | Official Journal of the European Union | C 73/32 |
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14.2.2022

EN

Official Journal of the European Union

C 73/32

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Judgment of the General Court of 15 December 2021 — Czech Republic v Commission

(Case T-627/16 RENV) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by the Czech Republic - Decoupled direct aid - Traditional on-the-spot checks and on-the-spot checks by remote sensing - Discrepancies between the results of the checks - Wine sector - On-the-spot checks of the investments by means of sampling)

(2022/C 73/36)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek, O. Serdula, J. Pavliš and J. Vláčil, acting as Agents)

Defendant: European Commission (represented by: K. Walkerová and J. Aquilina, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by: C. Meyer-Seitz, F. Bergius and H. Shev, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2016/1059 of 20 June 2016 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 2016 L 173, p. 59), in so far as it excludes the payments made by the Czech Republic under the EAGF in the amount of EUR 462 517,83 regarding expenditure for decoupled direct aid and in the amount of EUR 636 516,20 regarding expenditure relating to investments in the wine sector.

Operative part of the judgment

The Court:

| 1. | Annuls Commission Implementing Decision (EU) 2016/1059 of 20 June 2016 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 excludes the following payments made by the Czech Republic under the EAGF:






  — | in respect of the direct decoupled aid scheme for the financial years 2013 to 2015, the amount of EUR 69 054,23 relating to the deficiencies in the risk analysis; |
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1.

Annuls Commission Implementing Decision (EU) 2016/1059 of 20 June 2016 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 excludes the following payments made by the Czech Republic under the EAGF:

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in respect of the direct decoupled aid scheme for the financial years 2013 to 2015, the amount of EUR 69 054,23 relating to the deficiencies in the risk analysis;

| — | in respect of the aid scheme for investment in the wine sector for the financial years 2011 to 2014, the amount of EUR 636 516,20. |
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in respect of the aid scheme for investment in the wine sector for the financial years 2011 to 2014, the amount of EUR 636 516,20.

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Czech Republic and the European Commission to each bear their own costs relating to the proceedings before the General Court and the Court of Justice; |
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3.

Orders the Czech Republic and the European Commission to each bear their own costs relating to the proceedings before the General Court and the Court of Justice;

| 4. | Orders the Kingdom of Sweden to bear its own costs. |
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4.

Orders the Kingdom of Sweden to bear its own costs.

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(1)  OJ C 392, 24.10.2016.

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