CELEX: 62018CA0742
Language: en
Date: 2020-09-03 00:00:00
Title: Case C-742/18 P: Judgment of the Court (Fourth Chamber) of 3 September 2020 — Czech Republic v European Commission, Kingdom of Sweden (Appeal — European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Expenditure incurred by the Czech Republic — Regulation (EC) No 555/2008 — Articles 19 and 77 — Wine market — Regulation (EC) No 1122/2009 — Article 33 — Support for rural development — Area-related aid — Decoupled direct aid — Cross-compliance checks — Traditional on-the-spot checks and on-the-spot checks by remote sensing — Burden of proof — One-off and flat-rate corrections — Doubts concerning the effectiveness of the checks — Risk analysis — Deficiencies)

9.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 378/4
            
         
      Judgment of the Court (Fourth Chamber) of 3 September 2020 — Czech Republic v European Commission, Kingdom of Sweden
      (Case C-742/18 P) (1)
      
      (Appeal - European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) - Expenditure excluded from EU financing - Expenditure incurred by the Czech Republic - Regulation (EC) No 555/2008 - Articles 19 and 77 - Wine market - Regulation (EC) No 1122/2009 - Article 33 - Support for rural development - Area-related aid - Decoupled direct aid - Cross-compliance checks - Traditional on-the-spot checks and on-the-spot checks by remote sensing - Burden of proof - One-off and flat-rate corrections - Doubts concerning the effectiveness of the checks - Risk analysis - Deficiencies)
      (2020/C 378/04)
      Language of the case: Czech
      
         Parties to the main proceedings
      
      
         Applicant: Czech Republic (represented by: M. Smolek, O. Serdula, J. Pavliš and J. Vláčil, acting as Agents)
      
         Other parties to the proceedings: European Commission (represented by: Z. Malůšková, K. Walkerová and J. Aquilina, acting as Agents), Kingdom of Sweden
      
         Operative part of the judgment
      
      The Court hereby:
      
                  1.
               
               
                  Sets aside the judgment of the General Court of the European Union of 13 September 2018, Czech Republic v Commission (T-627/16, not published, EU:T:2018:538), in so far as, by that judgment, the General Court rejected the plea in law concerning the one-off correction of EUR 462 517,83 in respect of the financial years 2013 to 2015, to the extent to which it concerns the ground relating to deficiencies in the risk analysis, and the plea in law concerning a flat-rate correction of EUR 636 516,20, in respect of the financial years 2011 to 2014, to the extent to which it concerns the ground relating to insufficient on-the-spot checks so far as investments financed in the wine sector are concerned;
               
            
                  2.
               
               
                  Dismisses the appeal as to the remainder;
               
            
                  3.
               
               
                  Refers the case back to the General Court of the European Union;
               
            
                  4.
               
               
                  Reserves the costs.
               
            
         (1)  OJ C 44, 4.2.2019.