Proportionality EAGGF Guarantee Section Expenditure excluded from Community financing Type of financial correction applied Compensatory aid for banana producers Irregularities in quality controls
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009.
Kingdom of Spain v Commission of the European Communities.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Compensatory aid for banana producers - Irregularities in quality controls - Type of financial correction applied - Proportionality.
Case T-281/06.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009 – Spain v Commission
(Case T-281/06)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Compensatory aid for banana producers – Irregularities in quality controls – Type of financial correction applied – Proportionality
1. Agriculture – EAGGF – Clearance of accounts (Council Regulation No 729/70, Art. 5(2)(c), and No 1258/1999, Art. 7(4)) (see paras 42-43, 65-66, 71)
2. Acts of the institutions – Regulations –Regulation laying down specific control measures (see para. 48)
3. Agriculture – Common agricultural policy – EAGGF financing (Council Regulation No 404/93, Art. 12(1), and No 1258/1999, Art. 8(1); Commission Regulation No 2257/94 and No 2898/95, Art. 7(3)) (see para. 53)
Re:
| PARTIAL ANNULMENT of Commission Decision 2006/554/EC of 27 July 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 218, p. 12) in so far as it provides for a financial correction applicable to expenses declared by the Kingdom of Spain pursuant to compensatory aid for banana producers for the financial years 2002 and 2003. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |