Language of document :

Appeal brought on 24 May 2019 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 20 March 2019 in Case T-237/17, Spain v Commission

(Case C-406/19 P)

Language of the case: Spanish


Appellant: European Commission (represented by: F. Castillo de la Torre and J. Aquilina, acting as agents)

Other party to the proceedings: Kingdom of Spain

Form of order sought

The Commission claims that the Court should set aside point 1 of the operative part of the judgment under appeal and dismiss the action at first instance or, alternatively, refer the case back to the General Court.

Single ground of appeal

The General Court erred in law in its allocation of the burden of proof in the context of the application of flat-rate corrections pursuant to Article 52(2) of     Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008. 1


1     OJ 2013 L 347, p. 549.