Judgment of the Court (Ninth Chamber) of 11 November 2021

Data

Court: Court of Justice

Case date: 11 november 2021

Verdict

Judgment of the Court (Ninth Chamber) of 11 November 2021 – Greece v Commission

(Case C‑106/20 P)⁽¹⁾

"(Appeal - Common agricultural policy - EAGF and EAFRD - Expenditure excluded from EU financing - Expenditure incurred by the Hellenic Republic - Conformity clearance procedure - Plea raised for the first time during the oral proceedings at first instance - Regulation (EC) No 796/2004 - Article 2(2) - Regulation (EU) No 1307/2013 - Article 4(1)(h) - Concept of permanent pasture - Distortion of evidence - Delegated Regulation (EU) No 907/2014 - Article 12(4) - One-off correction - Conditions - Burden of proof)"

1. Action for annulmentJurisdiction of the EU judicatureScopeProhibition on ruling ultra petitaExamination by the court of its own motion of a plea involving a matter of public policyWhether permissibleExamination by the EU judicature of its own motion of a plea not raised concerning the substantive legality of the contested decisionNot permissible

(Art. 263 TFEU)

(see paras 41, 46-48)

2. AppealsGroundsMistaken assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distortedGround of appeal alleging distortion of the clear sense of the evidenceNeed to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion

(Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 59, 60, 69, 80, 82, 88, 89)

3. AgricultureEAGF and EAFRD financingClearance of accountsDisallowance of expenses arising from irregularities in applying EU rulesFinancial correctionCumulation of one-off and flat-rate correctionsWhether permissible

(European Parliament and Council Regulation No 1306/2013, Art. 52; Commission Regulation No 907/2014, Art. 12)

(see para. 90)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the Hellenic Republic to pay the costs.