CELEX: 62009TJ0158
EAGGF
'Guarantee' section
Expenditure excluded from financing
Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF
Negligence of the Member State in the recovery of sums wrongly paid
Liability of the Member State for the financial consequences of failure to recover

ACTION for annulment or variation of Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment
to be applied, in the context of clearance of accounts in respect of expenditure financed by the European Agricultural Guidance
and Guarantee Fund (EAGGF), ‘Guarantee’ Section, in certain cases of irregularity by operators, in so far as that decision
excludes from Community funding, and imposes on the Hellenic Republic liability for, a sum of EUR 13 348 979.02.
Operative part
The Court:
1.
Annuls Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context
of clearance of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF) ‘Guarantee’ Section,
in certain cases of irregularity by operators, in so far as it closes the files EL/1993/01 and EL/1994/031 and in that regard
imposes on the Hellenic Republic liability for the sums of EUR 519 907 and EUR 300 914.99;
2.
Dismisses the action as to the remainder;
3.
Orders the Hellenic Republic to bear four fifths of its own costs and to pay four fifths of the costs of the European Commission;
4.
Orders the Commission to bear one fifth of its own costs and one fifth of the costs of the Hellenic Republic.