Proportionality EAGGF Guarantee Section Expenditure excluded from Community financing Production aid intended for tomato processors Spot checks over sufficient periods
Sumário
Judgment of the General Court (Sixth Chamber) of 28 October 2010.
Kingdom of Spain v European Commission.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Production aid intended for tomato processors - Spot checks over sufficient periods - Proportionality.
Case T-227/07.
Texto da decisão
Judgment of the General Court (Sixth Chamber) of 28 October 2010 – Spain v Commission
(Case T-227/07)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Production aid intended for tomato processors – Spot checks over sufficient periods – Proportionality
1. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules – Challenge by the Member State concerned – Burden of proof – Allocation between the Commission and the Member State (Council Regulation No 729/70) (see paras 36-39)
2. Agriculture – EAGGF – Grant of aid and premiums – Obligation on Member States to organise an effective system of administrative controls and on-the-spot checks – Spot checks over sufficient periods – Concept – Requirement that the subject not be aware in advance of a spot check or its unlikelihood during a predetermined period (Commission Regulation No 1535/2003, Arts 28 and 31) (see paras 64-65)
3. Acts of the institutions – Regulations – Regulation prescribing specific control measures – No discretion of Member States – Non-implementation – Justification – Better effectiveness of another control system – Not permissible (Commission Regulation No 1535/2003) (see paras 70, 101)
Re:
| ACTION for annulment, in part, of Commission Decision 2007/243/EC of 18 April 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 2007 L 106, p. 55). |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |