CELEX: 62017TA0233
Language: en
Date: 2018-09-25 00:00:00
Title: Case T-233/17: Judgment of the General Court of 25 September 2018 — Portugal v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Direct payments — POSEI programme — Exceeding of ceilings — Payment delays — First subparagraph of Article 11(1) of Regulation No 885/2006 — Double financial correction — Rights of the defence — Proportionality)

12.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 408/51
            
         
      Judgment of the General Court of 25 September 2018 — Portugal v Commission
      (Case T-233/17) (1)
      
      ((EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Portugal - Direct payments - POSEI programme - Exceeding of ceilings - Payment delays - First subparagraph of Article 11(1) of Regulation No 885/2006 - Double financial correction - Rights of the defence - Proportionality))
      (2018/C 408/65)
      Language of the case: Portuguese
      
         Parties
      
      
         Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, J. Saraiva de Almeida and P. Estêvão, acting as Agents)
      
         Defendant: European Commission (represented by: D. Triantafyllou, D. Bianchi and B. Rechena, acting as Agents)
      
         Re:
      
      Application based on Article 263 TFEU seeking annulment of Commission Implementing Decision C(2017) 766 final of 14 February 2017 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), in so far as it excludes from European Union financing certain expenditure declared by the Portuguese Republic under the ‘POSEI — specific supply arrangements’ programme and ‘direct payments pertaining to the 2010 marketing year’.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders the Portuguese Republic to pay the costs.
               
            
         (1)  OJ C 213, 3.7.2017.