Judgment of the Court of First Instance (Seventh Chamber) of 13 November 2008.

Data

Court: General Court

Case date: 13 november 2008

Uitspraak

Judgment of the Court of First Instance (Seventh Chamber) of 13 November 2008 – Italy v Commission

(Case T-224/04)

EAGGF – ‘Guarantee’ Section – Expenditure excluded from Community financing – Aid for the processing of tomatoes and production of olive oil

1. Agriculture – EAGGF – Clearance of accounts – Procedure (see paras 38-39)

2. Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see para. 41)

3. Agriculture – Common agricultural policy – EAGGF financing – Grant of aid and premiums (Art. 10 EC; Council Regulations Nos 729/70, Art. 8(1), and No 1258/1999, Art 1; Commission Regulation No 504/97, Art. 15(1)) (see paras 51-55)

4. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (see paras 56-58, 65, 98)

5. Acts of the institutions – Regulations – Regulation prescribing specific control measures (see para. 93)

Re:

ACTION for partial annulment of Commission Decision 2003/536/EC of 22 July 2003 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 2003 L 184, p. 42) to the extent that it excludes certain expenditure by the Italian Republic in the financial years 1999 to 2002.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the Italian Republic to pay the costs.