Greece v Commission (Agriculture and Fisheries - Judgment) [2019] EUECJ C-670/17P (27 February 2019)

Greece v Commission (Agriculture and Fisheries - Judgment) [2019] EUECJ C-670/17P (27 February 2019)

Article 105(1) of Regulation No 1083/2006 does not apply to funding from the EAGGF Guidance Section for the period from 2000 to 2006, as the EAGGF Guidance Section is not included within the Structural Funds or Cohesion Fund as defined in Regulation No 1083/2006. Therefore, the Commission's decision could not be based on Article 39 of Regulation No 1260/1999 and lacked a legal basis, requiring its annulment.

Citation
[2019] EUECJ C-670/17P
Parties
Appellant/applicant: Hellenic Republic (Greece); Respondent: European Commission
Jurisdiction
European Union
Judgment Date
27 February 2019
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
Appeal allowed; General Court judgment set aside; Commission decision annulled; costs awarded to Hellenic Republic.
Legal Topics
Structural Funds, Transitional Provisions, Financial Corrections, Legal Basis of EU Decisions, Principle of Legal Certainty
European Union Law Administrative Law Financial Regulation Structural Funds Transitional Provisions Financial Corrections Legal Basis of EU Decisions Principle of Legal Certainty

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Parties

Hellenic Republic (Greece)

Appellant/applicant

European Commission

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Article 39 of Regulation No 1260/1999 could serve as the legal basis for the Commission's financial correction decision regarding EAGGF Guidance Section funding for 2000-2006 programmes after the repeal of that Regulation.
  2. 2 Whether the transitional provisions of Regulation No 1083/2006 and Regulation No 1303/2013 extended the application of Article 39 of Regulation No 1260/1999 to EAGGF Guidance Section operational programmes.

Ratio Decidendi

Article 105(1) of Regulation No 1083/2006 does not apply to funding from the EAGGF Guidance Section for the period from 2000 to 2006, as the EAGGF Guidance Section is not included within the Structural Funds or Cohesion Fund as defined in Regulation No 1083/2006. Therefore, the Commission's decision could not be based on Article 39 of Regulation No 1260/1999 and lacked a legal basis, requiring its annulment.

Court Disposition

Appeal allowed; General Court judgment set aside; Commission decision annulled; costs awarded to Hellenic Republic.

Orders

  • Sets aside the judgment of the General Court of the European Union of 19 September 2017, Greece v Commission (T-327/15, EU:T:2017:631).
  • Annuls Commission Implementing Decision C(2015) 1936 final of 25 March 2015 on applying financial correction on the EAGGF Guidance Section of the operational programme CCI No 2000GR061PO021 (Greece — Objective 1 — Rural Reconstruction).