CELEX: 62019CA0406
Language: en
Date: 2020-04-02 00:00:00
Title: Case C-406/19 P: Judgment of the Court (Ninth Chamber) of 2 April 2020 — European Commission v Kingdom of Spain (Appeal — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Withdrawal of recognition of producer organisations — Non-recovery of aid paid — Burden of proof — Flat-rate financial correction)

13.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 230/14
            
         
      Judgment of the Court (Ninth Chamber) of 2 April 2020 — European Commission v Kingdom of Spain
      (Case C-406/19 P) (1)
      
      (Appeal - EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by the Kingdom of Spain - Withdrawal of recognition of producer organisations - Non-recovery of aid paid - Burden of proof - Flat-rate financial correction)
      (2020/C 230/18)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: European Commission (represented by: F. Castillo de la Torre and J. Aquilina, acting as Agents)
      
         Other party to the proceedings: Kingdom of Spain (represented by: S. Jiménez García, acting as Agent)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Sets aside the judgment of the General Court of the European Union of 20 March 2019, Spain v Commission (T-237/17, not published, EU:T:2019:172), inasmuch as, by that judgment, the General Court annulled Commission Implementing Decision (EU) 2017/264 of 14 February 2017 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 applies a flat-rate correction of 10 % on certain expenditure incurred by the Kingdom of Spain;
               
            
                  2.
               
               
                  Dismisses the action;
               
            
                  3.
               
               
                  Orders the Kingdom of Spain to bear its own costs relating to both the proceedings at first instance in Case T-237/17 and the appeal proceedings, and to pay the costs incurred by the European Commission relating to both proceedings.
               
            
         (1)  OJ C 280, 19.8.2019.