26.2.2018
EN
Official Journal of the European Union
C 72/3
Judgment of the Court (Grand Chamber) of 20 December 2017 — Kingdom of Spain v Council of the European Union
(Case C-521/15) (1)
((Action for annulment - Implementing Decision (EU) 2015/1289 - Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area - Manipulation of statistical data relating to the deficit of the Member State concerned - Jurisdiction - Regulation (EU) No 1173/2011 - Article 8(1) and (3) - Delegated Decision 2012/678/EU - Articles 2(1) and (3) and 14(2) - Regulation (EC) No 479/2009 - Articles 3(1), 8(1), 11 and 11a - Rights of defence - Charter of Fundamental Rights of the European Union - Article 41(1) - Right to good administration - Articles 121, 126 and 136 TFEU - Protocol No 12 on the excessive deficit procedure - Existence of an infringement - Misrepresentations - Determination of the fine - Principle that penal provisions may not have retroactive effect))
(2018/C 072/03)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: A. Gavela Llopis, A. Rubio González and A. Sampol Pucurull, Agents)
Defendant: Council of the European Union (represented by: E. Dumitriu-Segnana, A.F. Jensen and A. de Gregorio Merino, Agents)
Intervener in support of the defendant: European Commission (represented by: J. Baquero Cruz, J.-P. Keppenne, M. Clausen and F. Simonetti, Agents)
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders the Kingdom of Spain to bear, in addition to its own costs, those incurred by the Council of the European Union;
3.
Orders the European Commission to bear its own costs.
(1) OJ C 406, 7.12.2015.
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