# C_2018052EN.01002501.xml

| 12.2.2018 | EN | Official Journal of the European Union | C 52/25 |
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12.2.2018

EN

Official Journal of the European Union

C 52/25

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Judgment of the General Court of 14 December 2017 — Hungary v Commission

(Case T-505/15) (1)

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((EAGF and EAFRD - Expenditure excluded from financing - Regulations (EC) Nos 1782/2003, 1290/2005, 73/2009 and 1122/2009 - Expenditure incurred by Hungary - Conditionality - Control of Statutory Management Requirements - Control of good agricultural and environmental conditions - Lump-sum and specific corrections - Risk for the Funds))

(2018/C 052/35)

Language of the case: Hungarian

Parties

Parties

Applicant: Hungary (represented by: M. Fehér, G. Koós, Z. Bíró-Tóth and E. Tóth, acting as Agents)

Applicant:

Defendant: European Commission (represented by: V. Bottka and A. Sauka, acting as Agents)

Defendant:

Re:

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Implementing Decision (EU) 2015/1119 of 22 June 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 182, p. 39), insofar as that decision makes certain lump-sum and specific corrections in respect of Hungary.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Implementing Decision (EU) 2015/1119 of 22 June 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 182, p. 39) insofar as it made a financial correction based on non-compliance with the requirements of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 and of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector as regards the controls carried out by Hungary to ensure compliance by farms with the obligations flowing from Articles 4 and 5 of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; |
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1.

Annuls Commission Implementing Decision (EU) 2015/1119 of 22 June 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 182, p. 39) insofar as it made a financial correction based on non-compliance with the requirements of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 and of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector as regards the controls carried out by Hungary to ensure compliance by farms with the obligations flowing from Articles 4 and 5 of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders Hungary and the European Commission each to bear their own costs. |
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3.

Orders Hungary and the European Commission each to bear their own costs.

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(1)  OJ C 381, 16.11.2015.

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