Judgment — ECLI:EU:T:2007:97
Date: 2007-03-28
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fruit and vegetables;European Agricultural Guidance and Guarantee Fund (EAGGF)
Concepts: Procedure for clearance of accounts;Direct effect, primacy and uniform application of the Community law;Force majeure;Conditions subject to which expenditure is borne by the EAGGF
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Spain

Judgment of the Court of First Instance of 28 March 2007 - Spain v Commission (Case T-220/04) 1 (EAGGF - Guarantee Section - Expenditure excluded from Community financing - Tomatoes and citrus fruits - Sample checks - Force majeure) Language of the case: Spanish Parties Applicant: Kingdom of Spain (represented by: L. Fraguas Gadea and F. Díez Moreno, Agents) Defendant: Commission of the European Communities (represented by: initially M. Nolin and S. Pardo Quintillán and subsequently by M. Nolin and F. Jimeno Fernández, Agents) Re: Application for annulment in part of Commission Decision 2004/136/EC of 4 February 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 40, p. 31) Operative part of the judgment The Court: annuls Commission Decision 2004/136/EC of 4 February 2004 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund in so far as it excludes from Community financing a sum of EUR 979 554.48 corresponding to an adjustment of the aid to Andalusian growers of certain citrus fruits in respect of the financial years 1998 to 2001; dismisses the remainder of the action; orders the parties to bear their own costs. ____________ 1 - OJ C 146, 29.5.2004 (formerly C-175/04).