# C_2006281EN.01004102.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/41 |
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18.11.2006

EN

Official Journal of the European Union

C 281/41

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Action brought on 25 September 2006 — Italian Republic v Commission

(Case T-267/06)

(2006/C 281/73)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello, Avvocato dello Stato)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Commission Decision C (2006) 3331 of 27 July 2006, notified on 28 July 2006, in so far as it excludes from Community financing certain expenditure incurred by the Italian Republic under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF); |
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Annul Commission Decision C (2006) 3331 of 27 July 2006, notified on 28 July 2006, in so far as it excludes from Community financing certain expenditure incurred by the Italian Republic under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF);

| — | Order the defendant to pay the costs of the proceedings. |
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Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The present action is brought against Commission Decision C (2006) 3331 of 27 July 2006 in so far as it excludes from Community financing certain expenditure incurred by the Italian Republic under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF).

In support of its claim, the applicant alleges infringement and misapplication of:

| — | Paragraph 4(iv) of the Annex to Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (OJ 1995 L 158 of 8.7.1995, p. 6); |
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Paragraph 4(iv) of the Annex to Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (OJ 1995 L 158 of 8.7.1995, p. 6);

| — | Article 4(3), Article 17(2), Article 23, Article 24 and Article 30(1) and (2) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (OJ 1996 L 297 of 21.11.1996, p. 1); |
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Article 4(3), Article 17(2), Article 23, Article 24 and Article 30(1) and (2) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (OJ 1996 L 297 of 21.11.1996, p. 1);

| — | Article 17(2) and (3) of Commission Regulation (EC) No 659/97 of 16 April 1997 laying down detailed rules for the application of Regulation (EC) No 2200/96 (OJ 1997 L 100 of 17.4.1997, p. 22); |
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Article 17(2) and (3) of Commission Regulation (EC) No 659/97 of 16 April 1997 laying down detailed rules for the application of Regulation (EC) No 2200/96 (OJ 1997 L 100 of 17.4.1997, p. 22);

| — | Article 4(3), Article 8 and Article 24(3) of, and Paragraph 2(a) of Annex III to, Commission Regulation (EC) No 562/2000 of 15 March 2000 laying down detailed rules for the application of Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal (OJ 2000 L 68 of 16.3.2000, p. 22). |
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Article 4(3), Article 8 and Article 24(3) of, and Paragraph 2(a) of Annex III to, Commission Regulation (EC) No 562/2000 of 15 March 2000 laying down detailed rules for the application of Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal (OJ 2000 L 68 of 16.3.2000, p. 22).

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