# C_2019148EN.01004301.xml

| 29.4.2019 | EN | Official Journal of the European Union | C 148/43 |
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29.4.2019

EN

Official Journal of the European Union

C 148/43

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Judgment of the General Court of 12 March 2019 — France v Commission

(Case T-156/15) (1)

(EAGF and EAFRD - Expenditure excluded from EU financing - Expenditure incurred by France - Area-related aid scheme - Procedural safeguards - Regulation (EC) No 885/2006 - Concept of ‘permanent pasture’ - Regulation (EC) No 1120/2009 - National control system based on a definition of forage areas which is not consistent with EU law - Exclusion of all the expenditure - Proportionality - Metropolitan France’s rural development programme - Rural development support measures - Areas with natural handicaps - Regulation (EC) No 1975/2006 - Regulation (EU) No 65/2011 - Flat-rate financial correction - On-the-spot checks - Loading criterion - Counting of animals - Temporary scheme for the restructuring of the sugar industry - Regulation (EC) No 320/2006 - Regulation (EC) No 968/2006 - Conditions for the grant of restructuring aid - Concept of ‘production facilities’ - Assessment of the use of silos on the date of submission of the aid application - Concept of‘full dismantling’ - Proportionality - Equal treatment - Annex 2 to document VI/5330/97)

(2019/C 148/39)

Language of the case: French

Parties

Applicant: French Republic (represented by: initially, F. Alabrune, G. de Bergues, D. Colas and C. Candat, subsequently, G. de Bergues, D. Colas, F. Fize and A. Daly and, finally, D. Colas, S. Horrenberger, R. Coesme, E. de Moustier and A.-L. Desjonquères, acting as agents)

Defendant: European Commission (represented by: A. Bouquet and D. Triantafyllou, acting as agents)

Interveners in support of the applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by C. Colelli, avvocato dello Stato) and Hungary (represented by: M. Fehér and G. Koós, acting as agents)

Re:

Application pursuant to Article 263 TFEU seeking the 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 Court:

| 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 excludes from European Union financing all the expenditure incurred by the French Republic in Upper Corsica in respect of first pillar area-related direct aid relating to the 2010 and 2011 claim years; |
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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 excludes from European Union financing all the expenditure incurred by the French Republic in Upper Corsica in respect of first pillar area-related direct aid relating to the 2010 and 2011 claim years;

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

Dismisses the action as to the remainder;

| 3. | Orders the European Commission and the French Republic to bear their own costs; |
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3.

Orders the European Commission and the French Republic to bear their own costs;

| 4. | Orders the Italian Republic and Hungary to bear their own costs. |
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4.

Orders the Italian Republic and Hungary to bear their own costs.

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(1)  OJ C 190, 8.6.2015.

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