Principle of proportionality Non EAGGF Guarantee Section Expenditure excluded from Community financing Key controls Extrapolation of the findings of default Olive oil, cotton, dried grapes and citrus fruits compliance with payment deadlines Period of 24 months Assessment of the expenditure to be excluded Principle of ne bis in idem
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009.
Hellenic Republic v Commission of the European Communities.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Olive oil, cotton, dried grapes and citrus fruits - Non-compliance with payment deadlines - Period of 24 months - Assessment of the expenditure to be excluded - Key controls - Principle of proportionality - Principle of ne bis in idem - Extrapolation of the findings of default.
Case T-33/07.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Greece v Commission
(Case T-33/07)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Olive oil, cotton, dried grapes and citrus fruits – Non-compliance with payment deadlines – Period of 24 months – Assessment of the expenditure to be excluded – Key controls – Principle of proportionality – Principle of ne bis in idem – Extrapolation of the findings of default
1. Agriculture – EAGGF – Clearance of accounts (Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art. 8(1)) (see paras 80-82, 116-117, 140, 197, 265, 279, 285, 292-294, 321, 372)
2. Acts of the institutions – Regulations – Regulation prescribing specific control measures (see paras 166, 190)
3. Community law – Principles – Protection of legitimate expectations – Conditions (see para. 227)
4. Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure (Council Regulation No 1258/1999, Art. 7(4), fifth para., (a); Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art. 8(1)) (see paras 230-232, 236, 240, 381)
5. Actions for annulment – Jurisdiction of the Community judicature – Commission decision withdrawing Community financial assistance (Art. 231 EC) (see para. 380)
Re:
| APPLICATION for partial annulment of Commission Decision 2006/932/EC of 14 December 2006 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 2006 L 355, p. 96), in so far as it relates to certain expenditure incurred by the Hellenic Republic in the sectors of olive oil, dried grapes, citrus fruit and financial control. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Hellenic Republic to pay the costs. |