EAGGF Guarantee Section Expenditure excluded from Community financing Animal subsidies and rural development Inadequate national management and control system
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
Italian Republic v Commission of the European Communities.
EAGGF - Guarantee Section - Expenditure excluded from Community financing - Animal subsidies and rural development - Inadequate national management and control system.
Case T-381/04.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Italy v Commission
(Case T-381/04)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Animal subsidies and rural development – Inadequate national management and control system
1. 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 para. 60)
2. Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 67-68, 73-74)
3. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Regulation No 2988/95 (Council Regulation No 2988/95, Arts 1, 2 and 7) (see paras 80-84)
4. 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 (see paras 95-96, 127, 136-137, 142)
Re:
| APPLICATION for partial annulment of Commission Decision 2004/561/EC of 16 July 2004 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 2004 L 250, p. 21), in so far as it excludes certain expenditure incurred by the Italian Republic in the sectors of animal subsidies and rural development. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the Italian Republic to pay the costs. |