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CJEU Case C-4/17 P Judgment

Czech Republic v European Commission
Policy area
Agriculture
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Third Chamber)
Type
Decision
Decision date
06/09/2018
ECLI (European case law identifier)
ECLI:EU:C:2018:678

Χάρτης των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης

Title V: Citizens' rights

Article 41 - Right to good administration

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  • CJEU Case C-4/17 P Judgment

    Key facts of the case:

    Appeal — European Agricultural Guarantee Fund (EAGF) — Expenditure eligible for European Union financing — Expenditure by the Czech Republic — Regulation (EC) No 479/2008 — Article 11(3) — Concept of ‘restructuring of vineyards'

    Outcome of the case:

    On those grounds, the Court (Third Chamber) hereby:

    1. Sets aside the judgment of the General Court of the European Union of 20 October 2016, Czech Republic v Commission (T‑141/15, not published, EU:T:2016:621);
    2. Annuls Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as it excludes expenditure by the Czech Republic under the EAGF on the measure to protect vineyards against damage caused by animals and birds for 2010 to 2012 in the total amount of EUR 2 123 199.04;
    3. Orders the European Commission to bear its own costs and to pay those incurred by the Czech Republic both in the proceedings at first instance and on the present appeal.
  • Paragraphs referring to EU Charter

    9) In support of its action, the Czech Republic put forward two pleas in law, alleging, first, an infringement of Article 5 of Regulation No 479/2008 and the principles of legal certainty and the protection of legitimate expectations and, second, an infringement of Article 41 of the Charter of Fundamental Rights of the European Union (‘the Charter’) in conjunction with Articles 11 and 16 of Regulation No 885/2006 and Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1).

    ...

    13) In support of its appeal, the Czech Republic relies on three grounds of appeal, alleging: – infringement of Article 11 of Regulation No 479/2008; – infringement of Article 5(2) of Regulation No 479/2008 and the principles of the protection of legitimate expectations and legal certainty; and – infringement of Article 41 of the Charter in conjunction with Article 31 of Regulation No 1290/2005 or Article 52 of Regulation No 1306/2013 and with Articles 11 and 16 of Regulation No 885/2006.