Judgment of the General Court (Fourth Chamber) of 6 April 2022
Judgment of the General Court (Fourth Chamber) of 6 April 2022
Data
- Court
- General Court
- Case date
- 6 april 2022
Verdict
Judgment of the General Court (Fourth Chamber) of 6 April 2022 –
Hungary v Commission
(Case T‑57/21)(1)
"(EAGF and EAFRD - Expenditure excluded from financing - Obligation to increase on-the-spot checks - Article 35 of Commission Implementing Regulation (EU) No 809/2014 - Legal value of the working documents of the Commission - Calculation of the increase in the rate of on-the-spot checks)"
AgricultureEAGF and the EAFRD financingIntegrated administration and control system for certain aid schemesIncrease in the rate of on-the-spot checks for significant non-complianceDiscretion of the Member States relating to the arrangements for checksVerification by the CommissionLegal value of the working documents of the CommissionDecision of the Commission based on such documents and excluding certain expenditure from European Union financingAnnulment
(Art. 263 TFEU; Commission Regulation No 809/2014, Art. 35)
(see paras 25, 29-34, 39, 40, 63-67, 90, 91, operative part)
Operative part
The Court:
1. Annuls Commission Implementing Decision (EU) 2020/1734 of 18 November 2020 excluding from European Union financing certain expenditure by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), only in so far as the European Commission excluded the sum of EUR 4 334 068.02 from the amount of financial aid granted to Hungary by the European Agricultural Guarantee Fund (EAGF) for the financial year 2018 on account of an insufficient number of on-the-spot checks;
2. Orders the Commission to pay the costs.