EAGGF Guarantee Section Expenditure excluded from Community financing Aids for restructuring and conversion in the wine sector Aids for the improvement of the production and marketing of honey Concept of loss of revenue due to implementation of the plan Article 13(1)(a) of Regulation (EC) No 1493/1999 Concept of intervention intended to stabilise the agricultural markets Article 2(2) of Regulation (EC) No 1258/1999
Sumário
Judgment of the Court of First Instance (Third Chamber) of 19 June 2009.
Kingdom of Spain v Commission of the European Communities.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Aids for restructuring and conversion in the wine sector - Aids for the improvement of the production and marketing of honey - Concept of loss of revenue due to implementation of the plan - Article 13(1)(a) of Regulation (EC) No 1493/1999 - Concept of intervention intended to stabilise the agricultural markets - Article 2(2) of Regulation (EC) No 1258/1999.
Case T-369/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 19 June 2009 – Spain v Commission
(Case T-369/05)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Aids for restructuring and conversion in the wine sector – Aids for the improvement of the production and marketing of honey – Concept of loss of revenue due to implementation of the plan – Article 13(1)(a) of Regulation (EC) No 1493/1999 – Concept of intervention intended to stabilise the agricultural markets – Article 2(2) of Regulation (EC) No 1258/1999
1. Agriculture – Common agricultural policy – Management principles – Equal treatment of economic operators (Council Regulation No 1258/1999) (see para. 46)
2. Agriculture – Common agricultural policy – Expenses arising from a misapplication of Community law – EAGGF financing – Condition (Council Regulations Nos 1258/1999 and 1493/1999, Art. 13(1)(a)) (see paras 67-69)
3. Community law – Interpretation – Acts of the institutions (see paras 74, 101)
4. Agriculture – EAGGF – Clearance of accounts (see para. 79)
5. Acts of the institutions – Regulations – Application by analogy – Conditions (see paras 92-93)
Re:
| APPLICATION for the partial 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), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the wine and honey sectors. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |