Address https://gelex.eu/eli/EU/decision/2008/68@2007-12-20/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX Table of corrections — Budget item 6 7 0 1 Table of corrections — Budget item 05 07 01 07

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy, and in particular Article 5(2)(c) thereof,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, and in particular Article 7(4) thereof,

Having consulted the Committee on the Agricultural Funds,

Whereas:

(1) Under Article 5 of Regulation (EEC) No 729/70, Article 7 of Regulation (EC) No 1258/1999, and Article 8(1) and (2) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section, the Commission is to carry out the necessary verifications, communicate to the Member States the results of these verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them.

(2) The Member States have had an opportunity to request the launch of a conciliation procedure. That opportunity has been used in some cases and the report issued on the outcome has been examined by the Commission.

(3) Under Articles 2 and 3 of Regulation (EEC) No 729/70 and Article 2 of Regulation (EC) No 1258/1999, only refunds on exports to third countries and intervention to stabilise agricultural markets, granted and undertaken respectively according to Community rules within the framework of the common organisation of the agricultural markets, may be financed.

(4) In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil these requirements and cannot, therefore, be financed under the EAGGF Guarantee Section.

(5) The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission’s written notification of the results of the verifications to the Member States.

(6) As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Community rules was notified by the Commission to the Member States in a summary report on the subject.

(7) This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice in cases pending on 3 September 2007 and relating to its content,

HAS ADOPTED THIS DECISION:

Article 1

The expenditure itemised in the Annex hereto that has been incurred by the Member States’ accredited paying agencies and declared under the EAGGF Guarantee Section shall be excluded from Community financing because it does not comply with Community rules.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Hungary, the Republic of Malta, the Portuguese Republic, the Republic of Slovenia, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 20 December 2007. For the Commission Mariann Fischer Boel Member of the Commission

ANNEX

ANNEX Table of corrections — Budget item 6 7 0 1 Table of corrections — Budget item 05 07 01 07

MS Measure FY Reason for correction Type % Currency Amount Deductions already made Financial impact BE Financial audit — late payments 2004 Failure to meet payment deadlines one-off EUR –5586,40 0,00 –5586,40 BE Financial audit — overshooting 2005 Overshooting of financial ceilings one-off EUR –110897,51 –98742,45 –12155,06 BE RD Guarantee accompanying measures 2001 Shortcomings in cross-checks between the IACS data and AEM (agri-environmental measure) aid applications flat rate 5 EUR –196609,00 0,00 –196609,00 BE RD Guarantee accompanying measures 2002 Shortcomings in cross-checks between the IACS data and AEM (agri-environmental measure) aid applications flat rate 5 EUR –234328,00 0,00 –234328,00 Total BE EUR –547420,91 –98742,45 –448678,46 CY Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –161932,84 –161932,84 0,00 Total CY EUR –161932,84 –161932,84 0,00 CZ Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –34749,34 –34749,34 0,00 CZ Financial audit — overshooting 2005 Overshooting of financial ceilings one-off CZK –897245,29 0,00 –897245,29 Total CZ EUR –34749,34 –34749,34 0,00 Total CZ CZK –897245,29 0,00 –897245,29 DE Meat premiums — ewes and goats 2003 Payment of aid to farmers with less than 10 premium rights one-off EUR –11491,42 0,00 –11491,42 DE Meat premiums — ewes and goats 2004 Payment of aid to farmers with less than 10 premium rights one-off EUR –10441,46 0,00 –10441,46 DE Meat premiums — ewes and goats 2005 Payment of aid to farmers with less than 10 premium rights one-off EUR –9416,76 0,00 –9416,76 Total DE EUR –31349,64 0,00 –31349,64 DK Meat premiums — bovines 2004 Non-respect of six-month retention period and eligibility criteria control data missing one-off DKK –506466,84 0,00 –506466,84 DK Meat premiums — bovines 2005 Non-respect of six-month retention period and eligibility criteria control data missing one-off DKK –851336,20 0,00 –851336,20 Total DK DKK –1357803,04 0,00 –1357803,04 ES Direct payments 2004 Weaknesses in on-the-spot checks (remote sensing and classical field visits) flat rate 2 EUR –7998628,39 0,00 –7998628,39 ES Direct payments 2005 Weaknesses in on-the-spot checks (remote sensing and classical field visits) flat rate 2 EUR –8592899,96 0,00 –8592899,96 ES Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –4135287,21 –4135287,21 0,00 ES Financial audit — overshooting 2003 Overshooting of financial ceilings one-off EUR –87144,50 –126355,45 39210,95 ES Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR 678822,11 678822,11 0,00 ES Olive oil — production aid 2000 Shortcomings in checks on crop declarations in checks on yields and in monitoring of checks on mills flat rate 5 EUR –47311467,25 0,00 –47311467,25 ES Olive oil — production aid 2000 No checks on crop declarations and shortcomings in checks on yields and in monitoring of checks on mills flat rate 10 EUR –93474,78 0,00 –93474,78 ES Olive oil — production aid 2001 Shortcomings in checks on crop declarations in checks on yields and in monitoring of checks on mills flat rate 5 EUR –15347930,92 0,00 –15347930,92 ES Olive oil — production aid 2001 No checks on crop declarations and shortcomings in checks on yields and in monitoring of checks on mills flat-rate 10 EUR –69115466,84 0,00 –69115466,84 ES Olive oil — production aid 2002 Shortcomings in checks on crop declarations in checks on yields and in monitoring of checks on mills flat rate 5 EUR –47950314,63 0,00 –47950314,63 ES Olive oil — production aid 2002 No checks on crop declarations and shortcomings in checks on yields and in monitoring of checks on mills flat rate 10 EUR –937645,09 0,00 –937645,09 ES Olive oil — production aid 2003 Shortcomings in checks on crop declarations in checks on yields and in monitoring of checks on mills flat rate 5 EUR –2606052,04 0,00 –2606052,04 ES Olive oil — production aid 2003 No checks on crop declarations and shortcomings in checks on yields and in monitoring of checks on mills flat rate 10 EUR –289665,00 0,00 –289665,00 ES Olive oil — production aid 2004 Shortcomings in checks on crop declarations in checks on yields and in monitoring of checks on mills flat rate 5 EUR –301631,26 0,00 –301631,26 ES Olive oil — production aid 2004 No checks on crop declarations and shortcomings in checks on yields and in monitoring of checks on mills flat rate 10 EUR –11537,73 0,00 –11537,73 ES POSEI RSA 2005 Late payments not justified non-compliant with Article 7(1) of Regulation (EC) No 20/2002 one-off EUR –1011071,88 0,00 –1011071,88 ES POSEI RSA 2006 Late payments not justified non-compliant with Article 7(1) of Regulation (EC) No 20/2002 one-off EUR –181662,46 0,00 –181662,46 Total ES EUR –205293057,83 3582820,55 –201710237,28 FI Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –10098,23 –10098,23 0,00 FI Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR –7314447,47 –7314447,47 0,00 Total FI EUR –7324545,70 –7324545,70 0,00 FR Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –937338,17 –937338,17 0,00 FR Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR –84733,89 –84733,89 0,00 FR Fruit and vegetables — operational funds 2004 Personnel costs/Unjustified excessive use of lump sums one-off EUR –323232,93 0,00 –323232,93 FR Fruit and vegetables — operational funds 2005 Personnel costs/Unjustified excessive use of lump sums one-off EUR –2568380,73 0,00 –2568380,73 FR Fruit and vegetables — operational funds 2006 Personnel costs/Unjustified excessive use of lump sums one-off EUR –2973197,30 0,00 –2973197,30 FR Fruit and vegetables — producer groups 2004 National instructions on action plans/Late introduction of aid claims one-off EUR –429334,45 0,00 –429334,45 FR Fruit and vegetables — producer groups 2005 National instructions on action plans/Late introduction of aid claims one-off EUR –439621,75 0,00 –439621,75 FR Fruit and vegetables — withdrawals 2004 Weaknesses in quality controls flat rate 10 EUR –510681,82 0,00 –510681,82 FR Fruit and vegetables — withdrawals 2004 Community withdrawal compensation paid to individual producers one-off EUR –103558,53 0,00 –103558,53 FR Fruit and vegetables — withdrawals 2005 Community withdrawal compensation paid to individual producers one-off EUR –85710,57 0,00 –85710,57 FR POSEI 2003 Shortcomings in physical checks on quantities of sugar cane delivered for processing and/or covered by transport aid flat rate 5 EUR –82207,54 0,00 –82207,54 FR POSEI 2003 Shortcomings in physical checks on quantities of sugar cane delivered for processing and/or covered by transport aid one-off EUR –296953,32 0,00 –296953,32 FR POSEI 2004 Shortcomings in physical checks on quantities of sugar cane delivered for processing and/or covered by transport aid flat rate 5 EUR –617486,18 0,00 –617486,18 FR POSEI 2004 Shortcomings in physical checks on quantities of sugar cane delivered for processing and/or covered by transport aid one-off EUR –185876,12 0,00 –185876,12 FR POSEI 2005 Shortcomings in physical checks on quantities of sugar cane delivered for processing and/or covered by transport aid flat-rate 5 EUR –658067,18 0,00 –658067,18 Total FR EUR –10296380,48 –1022072,06 –9274308,42 GR Fruit and vegetables — citrus processing 1998 Shortcomings in checks — payments effected by cheques impeding the quality of controls performed flat rate 2 EUR –213766,07 0,00 –213766,07 GR Fruit and vegetables — citrus processing 1999 Shortcomings in checks — payments effected by cheques impeding the quality of controls performed flat rate 2 EUR –131493,86 0,00 –131493,86 GR RD Guarantee accompanying measures 2003 Cross-checks not completely satisfactory flat rate 5 EUR –358060,00 0,00 –358060,00 GR RD Guarantee accompanying measures 2004 Cross-checks not completely satisfactory flat rate 5 EUR –972987,00 0,00 –972987,00 GR Financial audit late payments 2004 Failure to meet payment deadlines one-off EUR –5279881,28 –5299887,55 20006,27 Total GR EUR –6956188,21 –5299887,55 –1656300,66 IE Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –702633,30 –702633,30 0,00 IE Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR –40077,18 –40077,18 0,00 IE Fruit and vegetables — operational funds 2004 Weaknesses concerning on-the-spot checks and administrative operations flat rate 5 EUR –279728,23 0,00 –279728,23 IE Fruit and vegetables — operational funds 2005 Weaknesses concerning on-the-spot checks and administrative operations flat rate 5 EUR –281792,50 0,00 –281792,50 IE Fruit and vegetables — operational funds 2006 Weaknesses concerning on-the-spot checks and administrative operations flat rate 5 EUR –110165,90 0,00 –110165,90 IE Fruit and vegetables — operational funds 2007 Weaknesses concerning on-the-spot checks and administrative operations flat rate 5 EUR –59137,95 0,00 –59137,95 Total IE EUR –1473535,06 –742710,48 –730824,58 IT Fruit and vegetables — tomato processing 2003 Shortcomings in administrative and accounting checks at one tomato processor; records kept by the processor not in conformity with the relevant regulations flat rate 10 EUR –7583,76 0,00 –7583,76 IT Fruit and vegetables — tomato processing 2004 Shortcomings in administrative and accounting checks at one tomato processor; records kept by the processor not in conformity with the relevant regulations flat rate 10 EUR –130795,56 0,00 –130795,56 IT Fruit and vegetables — tomato processing 2005 Shortcomings in administrative and accounting checks at one tomato processor; records kept by the processor not in conformity with the relevant regulations flat rate 10 EUR –128059,54 0,00 –128059,54 IT Exceptional support measures 2003 Lack of precise control instructions failure to provide reliable information shortcomings in on-the-spot checks flat rate 2 EUR –276238,95 0,00 –276238,95 IT Exceptional support measures 2003 Lack of precise control instructions failure to provide reliable information shortcomings in on-the-spot checks flat rate 5 EUR –1175882,02 0,00 –1175882,02 IT Tobacco premiums 2003 Weaknesses in management and control of quota system one-off EUR –4501699,22 0,00 –4501699,22 IT Tobacco premiums 2004 Weaknesses in management and control of quota system one-off EUR –5957257,02 0,00 –5957257,02 Total IT EUR –12177516,07 0,00 –12177516,07 MT Direct payments 2005 On-the-spot checks not carried out in compliance with the standard required and not effective flat rate 10 MTL –5830,91 0,00 –5830,91 MT Financial audit — overshooting 2005 Overshooting of financial ceilings one-off MTL –7570,93 0,00 –7570,93 MT Meat premiums — bovines 2005 Ineligible expenditure (payments for animals slaughtered before accession to the EU) one-off MTL –24957,38 0,00 –24957,38 Total MT MTL –38359,22 0,00 –38359,22 PT Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –49554,59 –49554,59 0,00 PT Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR –29853,58 –29853,58 0,00 Total PT EUR –79408,17 –79408,17 0,00 SE RD Guarantee accompanying measures 2004 Checks on good farming practices not satisfactory one-off SEK –225832,00 0,00 –225832,00 SE Financial audit — overshooting 2006 Overshooting of financial ceilings one-off EUR –501359,87 –501359,87 0,00 Total SE SEK –225832,00 0,00 –225832,00 Total SE EUR –501359,87 –501359,87 0,00 SI Financial audit — overshooting 2005 Overshooting of financial ceilings one-off EUR –66375,30 –66375,30 0,00 SI Financial audit — overshooting 2005 Overshooting of financial ceilings one-off SIT –1241956,08 0,00 –1241956,08 Total SI EUR –66375,30 –66375,30 0,00 Total SI SIT –1241956,08 0,00 –1241956,08 MS Measure FY Reason for correction Type % Currency Amount Deductions already made Financial impact GB Financial audit — late payments 2005 Failure to meet payment deadlines one-off EUR –9745763,94 –10193240,48 447476,54 GB Financial audit — overshooting 2005 Overshooting of financial ceilings one-off EUR –70017,95 –70017,95 0,00 Total GB EUR –9815781,89 –10263258,43 447476,54 HU Financial audit — late payments 2006 Failure to meet payment deadlines one-off EUR –43174,16 –43174,16 0,00 HU Financial audit — overshooting 2005 Overshooting of financial ceilings one-off EUR –1126881,93 –1175988,98 49107,05 Total HU EUR –1170056,09 –1219163,14 49107,05

Versions

1. 2007-12-20

Cited by

• Judgment of the General Court of 5 July 2012 — Greece v Commission (Case T-86/08) Notice · Grade B

  EAGGFGuarantee SectionExpenditure excluded from financingFruit and vegetablesRural developmentNon-compliance with payment deadlinesCompliance with a judgment of the CourtAuthority of res judicataTime-limit of 24 monthsPrinciple of proportionality2012/C 243/23Language of the case: Greek Applicant: Hellenic Republic (represented: initially by V. Kontolaimos, S. Charitaki and M. Tassopoulou and subsequently by M. Tassopoulou and I. Chalkias and K. Tsagkaropoulos, acting as Agents) Defendant: European Commission (represented by: H. Tserepa-Lacombe, acting as Agent, and P. Katsimani, lawyers) Appli

• Judgment of the Court (Third Chamber) 3 May 2012 Judgment · Grade B

  By its appeal, the Kingdom of Spain seeks to have set aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission (the judgment under appeal), by which the General Court dismissed its action seeking partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12) (the contested decision), inasmuch as it relates to certain expenditure

• Judgment of the Court (Third Chamber) 3 May 2012 Judgment · Grade B

  Sets aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission in so far as, by holding that the Commission’s letter AGR 16844 of 11 July 2002 was a communication within the terms of Article 8(1) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section, as amended by Commission Regulation (EC) No 2245/1999 of 22 October 1999, the General Court found that the date of notifi

• Judgment of the Court (Third Chamber) 3 May 2012 Judgment · Grade B

  Annuls Decision 2008/68 in so far as it excludes from Community financing the expenditure incurred by the Kingdom of Spain in the olive oil sector outside the 24-month period which preceded the date of notification of the Commission’s letter of 24 November 2004, arranging the bilateral meeting of 21 December 2004, inasmuch as that expenditure is affected by the correction applied by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills were inadequately monitored by the Spanish authorities;

• Appeal brought on 17 January 2011 by the Kingdom of Spain against the judgment delivered on 12 November 2010 in Case T-113/08 Kingdom of Spain v European Commission (Case C-24/11P) Notice · Grade B

  Annulment of all the financial corrections relating to aid for the production of olive oil granted in Commission Decision 2008/68/EC of 20 December 2007; in the alternative, annulment of the financial corrections in the olive oil production sector which relate to expenditure for which advances were paid before 24 November 2002; in the further alternative, annulment of the financial corrections in the olive oil production sector which relate to expenditure for which advances were paid before 15 July 2000.

• Judgment of the General Court of 12 November 2010 — Italy v Commission (Case T-95/08) Notice · Grade B

  EAGGFGuarantee SectionExpenditure excluded from Community financingSupport scheme for production in the sector of products processed from fruit and vegetablesExceptional support measures in the beef and veal sectorTobacco premiums scheme2011/C 13/43Language of the case: Italian Applicant: Italian Republic (represented by: G. Aiello and G. Palmieri, lawyers) Defendant: European Commission (represented by: F. Jimeno Fernández and D. Nardi, acting as Agents, assisted by F. Ruggeri Laderchi, lawyer) Application for partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding f

• Action brought on 29 February 2008 — Spain v Commission Notice · Grade B

  Annul Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), to the extent it relates to the subject matter of this action, and

• Judgment of the General Court (Eighth Chamber) 5 July 2012 Judgment · Grade B

  In Case T-86/08, Hellenic Republic, represented initially by V. Kontolaimos, S. Charitaki and M. Tassopoulou, and subsequently by M. Tassopoulou, I. Chalkias and K. Tsagkaropoulos, acting as Agents, applicant,v European Commission, represented by H. Tserepa-Lacombe, acting as Agent, assisted by P. Katsimani, lawyer, defendant, APPLICATION for annulment of Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12), i

• Judgment of the General Court (Eighth Chamber) 5 July 2012 Judgment · Grade B

  By Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12; the contested decision), the Commission of the European Communities excluded from Community financing certain expenditure incurred inter alia by the Hellenic Republic in the sectors of fruit and vegetables and rural development accompanying measures, and with regard to financial auditing.

• Judgment of the Court (Third Chamber) of 3 May 2012 — Kingdom of Spain v European Commission (Case C-24/11 P) Notice · Grade B

  AppealEAGGFGuarantee sectionExpenditure excluded from Community financingExpenditure incurred by the Kingdom of SpainAid for the production of olive oil2012/C 174/16Language of the case: Spanish Appellant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent) Other party to the proceedings: European Commission (represented by: F. Jimeno Fernández, Agent) Appeal to have set aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission, by which the General Court dismissed its action seeking partial annulment of Commission Decision 2008/

• Judgment of the Court (Third Chamber) of 3 May 2012 — Kingdom of Spain v European Commission (Case C-24/11 P) Notice · Grade B

  Sets aside the judgment of the General Court of the European Union of 12 November 2010 in Case T-113/08 Spain v Commission in so far as, by holding that the Commission’s letter AGR 16844 of 11 July 2002 was a communication within the terms of Article 8(1) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section, as amended by Commission Regulation (EC) No 2245/1999 of 22 October 1999, the General Court found that the date of notifi

• Judgment of the Court (Third Chamber) of 3 May 2012 — Kingdom of Spain v European Commission (Case C-24/11 P) Notice · Grade B

  Annuls Decision 2008/68 in so far as it excludes from Community financing the expenditure incurred by the Kingdom of Spain in the olive oil sector outside the 24-month period which preceded the date of notification of the Commission’s letter of 24 November 2004, arranging the bilateral meeting of 21 December 2004, inasmuch as that expenditure is affected by the correction applied by reason of the fact that the proposals of the olive oil agency following the checks carried out at the mills were inadequately monitored by the Spanish authorities;

• Judgment of the General Court of 12 November 2010 — Spain v Commission (Case T-113/08) Notice · Grade B

  EAGGFGuarantee SectionExpenditure excluded from Community financingAid for the production of olive oilAid for arable crop areas2011/C 13/44Language of the case: Spanish Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, acting as Agent) Defendant: European Commission (represented by: F. Jimeno Fernández, acting as Agent) Application for partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (

• Opinion of Advocate General Sharpston delivered on 15 December 2011 Case C-24/11 P Kingdom of Spain v European Commission Opinion · Grade B

  By Decision 2008/68/EC (hereafter also the Decision at issue), the Commission made financial corrections to Community aid for the production of olive oil and arable crops in Spain. On 12 November 2010, the General Court in Case T-113/08 Spain v Commission (the judgment under appeal) rejected Spain’s request for partial annulment of that decision. Spain has appealed certain parts of the judgment.

• Opinion of Advocate General Sharpston delivered on 15 December 2011 Case C-24/11 P Kingdom of Spain v European Commission Opinion · Grade B

  Decision 2008/68 excluded from Community financing, inter alia, expenditure incurred in financial years 2000 to 2004 in connection with olive oil production in Spain. At the relevant time, Regulation No 1258/1999 governed the financing of the CAP. Although that regulation was repealed in 2005, it continued to apply until 15 October 2006 and 31 December 2006 to expenditure incurred by, respectively, Member States and the Commission. It thus applied to expenditure covered by the Decision at issue.

• Action brought on 19 February 2008 — Hellenic Republic v Commission of the European Communities Notice · Grade B

  annul or otherwise amend the Commission's decision of 20 December 2007, notified under No E(2007) 6514 final and published as Decision 2008/68/EC (OJ 2008 L 18, p. 12), in so far as it imposes financial corrections on the Hellenic Republic as specified in the application;