CELEX: 62015CN0506
Language: en
Date: 2015-09-23 00:00:00
Title: Case C-506/15 P: Appeal brought on 23 September 2015 by the Kingdom of Spain against the judgment of the General Court (5th Chamber) delivered on 15 July 2015 in Case T-561/13 Spain v Commission

16.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/24
            
         Appeal brought on 23 September 2015 by the Kingdom of Spain against the judgment of the General Court (5th Chamber) delivered on 15 July 2015 in Case T-561/13 Spain v Commission
   (Case C-506/15 P)
   (2015/C 381/26)
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: Kingdom of Spain (represented by: M. A. Sampol Pucurull, acting as Agent)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   The appellant claims the court should:
   
               —
            
            
               In any event, allow the appeal and annul in part the judgment of the General Court, delivered on 15 July 2015, in Case T-561/13.
            
         
               —
            
            
               Annul in part the contested decision to the extent that it excludes the expenditure, amounting to EUR 7 57  968,97, incurred by the Kingdom of Spain in the context of the Indemnizaciones Compensatorias de las Desventajas Naturales (ICDN) (compensatory allowances for natural handicaps; CANH) aid of Galicia’s 2007-2013 Rural Development programme in respect of ‘natural handicaps (measures 211 and 212)’.
            
         
               —
            
            
               In any event, order the defendant to pay the costs.
            
         
      Grounds of Appeal and main arguments
   
   
      First ground: In the first ground of appeal, the Kingdom of Spain contends that the General Court erred in law in not holding, of its own motion, that there was a substantial procedural defect, in that the European Commission adopted the contested decision outside a reasonable period.
   
      Second ground: In the second ground of appeal, the appellant maintains that the General Court erred in law by infringing Articles 10 and 14 of Commission Regulation (EC) No 1975/2006 (1) of 7 December 2006 laying down detailed rules for the implementation of control procedures as well as cross-compliance in respect of rural development support measures and Article 35 of Commission Regulation (EC) No 796/2004 (2) of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, by holding that those provisions obliged the Spanish authorities to carry out a census of the animals during the on-the-spot checks.
   
      (1)  OJ L 368, p. 74.
   
      (2)  OJ L 141, p. 18.