Duty to state reasons EAGGF Guarantee Section Expenditure excluded from Community financing Cattle premium Suckler cow premium Payment for extensification Key controls Duty to use a computerised geographical information system Control of Alpine forage areas Duty to cooperate Type of financial correction applied Extrapolation of the findings of default
Sumário
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009.
Republic of Austria v Commission of the European Communities.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cattle premium - Suckler cow premium - Payment for extensification - Key controls - Duty to use a computerised geographical information system - Control of Alpine forage areas - Duty to cooperate - Duty to state reasons - Type of financial correction applied - Extrapolation of the findings of default.
Case T-368/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009 – Austria v Commission
(Case T-368/05)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Cattle premium – Suckler cow premium – Payment for extensification – Key controls – Duty to use a computerised geographical information system – Control of Alpine forage areas – Duty to cooperate – Duty to state reasons – Type of financial correction applied – Extrapolation of the findings of default
1. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (Council Regulation No 1258/1999) (see paras 71-72, 116-117)
2. Agriculture – Common agricultural policy – EAGGF financing – Grant of aids and premiums – Obligation of Member States to organise an effective system of administrative controls and on-the-spot checks – Scope (Art. 10 EC; Council Regulations Nos 3508/92, Art. 8, and 1258/1999, Art. 8(1); Commission Regulation No 3887/92, Arts 6(1) and 9(2)) (see paras 78-88)
3. Member States – Obligations – Duty of loyal cooperation with the Community institutions – Reciprocity (Art. 10 EC; Council Regulation No 1258/1999, Art. 8(1)) (see paras 128-131)
4. Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure – Conciliation procedure – Opinion of the conciliation body – No binding effect (see para. 141)
5. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision relating to the clearance of accounts in respect of expenditure financed by the EAGGF (Art. 253 EC) (see paras 148-149)
6. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules – Financial correction – Assessment of the level of failure to act and the degree of risk for the Fund (Council Regulation No 1258/1999) (see paras 181-184)
7. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of Community rules – Extrapolation of findings of deficiencies in the control system of a Member State from one region to other regions (Council Regulation No 1258/1999) (see paras 199-201)
Re:
| ANNULMENT of Commission Decision 2005/555/EC of 15 July 2005 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 2005 L 188, p. 36), inasmuch as it excluded certain expenditure by the Republic of Austria. |
Operative part:
The Court:
1. Dismisses the action;
2. Orders the Republic of Austria to pay the costs.