Judgment — ECLI:EU:T:2008:323
Date: 2008-09-10
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Concepts: Statement of reasons;Procedure for clearance of accounts;Structural reform of agriculture: joint action;Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Italy

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.