CELEX: 62018TA0019
Language: en
Date: 2020-01-22 00:00:00
Title: Case T-19/18: Judgment of the General Court of 22 January 2020 — Lithuania v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Lithuania — One-off and flat-rate financial corrections — Rural development — Cross-compliance control system — Administrative control — On-the-spot check — Quality of the checks — Quality of the applicants — Artificial conditions — Reasonableness of the costs — Expenditure incurred through projects — Risk analysis — Risk factors — Tolerance regarding penalties which is not provided for under EU legislation — Assessment and penalty system which is too lenient — Annual statistical control data)

9.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 77/42
            
         
      Judgment of the General Court of 22 January 2020 — Lithuania v Commission
      (Case T-19/18) (1)
      
      (EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Lithuania - One-off and flat-rate financial corrections - Rural development - Cross-compliance control system - Administrative control - On-the-spot check - Quality of the checks - Quality of the applicants - Artificial conditions - Reasonableness of the costs - Expenditure incurred through projects - Risk analysis - Risk factors - Tolerance regarding penalties which is not provided for under EU legislation - Assessment and penalty system which is too lenient - Annual statistical control data)
      (2020/C 77/60)
      Language of the case: Lithuanian
      
         Parties
      
      
         Applicant: Republic of Lithuania (represented by: R. Dzikovič, V. Vasiliauskienė, M. Palionis and A. Dapkuvienė, acting as Agents)
      
         Defendant: European Commission (represented by: A. Sauka, A. Steiblytė and J. Jokubauskaitė, acting as Agents)
      
         Intervener in support of the applicant: Czech Republic (represented by: M. Smolek, J. Pavliš, O. Serdula, J. Vláčil and S. Šindelková, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2017/2014 of 8 November 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) (OJ 2017, L 292, p. 61), in so far as it provides for the imposition on the Republic of Lithuania of a financial correction of EUR 9 745 705,88 regarding expenditure connected with EAFRD and a financial correction of EUR 546 351,91 regarding expenditure connected with EAGF and EAFRD.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders the Republic of Lithuania to bear its own costs and to pay those incurred by the European Commission;
                  
               
            
                  3.
               
               
                  
                     Orders the Czech Republic to bear its own costs.
                  
               
            
         (1)  OJ C 112, 26.3.2018.