17Concerning the first plea, by which the Kingdom of Spain essentially claimed that compliance with the three-month period provided for in both Article H(2) of Annex II to Regulation No 1164/94, as amended, and Article 18(3) of Regulation No 1386/2002 means that the decision on financial corrections should have been adopted within a period of three months from the date of the hearing, or at the very least the date on which the Commission had received the additional information from the Spanish Government with the result that the decision at issue is adopted out of time and is therefore unlawful. The General Court found in paragraph 29 of the judgment under appeal that it is clear from its judgment in Greece v Commission (T‑404/05, EU:T:2008:510, paragraph 44) which was confirmed by the order of the Court of Justice in Greece v Commission (C‑43/09 P, EU:C:2010:36) that Article H(2) of Annex II to Regulation No 1164/94 as amended, does not specify any period within which the Commission must take its decision. Furthermore, that interpretation is made explicitly clear by the wording of the provision. The three-month period referred to relates to the conclusion of an agreement between the Commission and the Member State concerned.
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