Judgment — ECLI:EU:T:2008:331
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: General;Procedure for clearance of accounts;Conditions subject to which expenditure is borne by the EAGGF
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Italy v Commission (Case T-181/06) EAGGF – Guarantee Section – Expenditure excluded from Community financing – Financial adjustments – Fruit and vegetables – Dairy products – Arable farming – Rural development – Non-compliance with payment deadlines 1. Agriculture – Common organisation of the markets – Fruit and vegetables – Producers’ organisations (Council Regulations No 2988/95, Art. 2(1), and No 2200/96, Art. 13(2)) (see paras 39-47) 2. Agriculture – Common organisation of the markets – Fruit and vegetables –Regulation No 2200/96 (Council Regulation No 2200/96, Art. 30(1) and (2); Commission Regulation No 659/97, Art. 17(2)) (see paras 57-61) 3. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (see para. 65) 4. Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure – Conciliation procedure – Opinion of the conciliation body (see para. 68) 5. Agriculture – EAGGF – Granting of assistance and premiums – Obligation on Member States to organise an efficient system of administrative and on‑the‑spot controls (see para. 160) 6. Agriculture – Common agricultural policy – EAGGF financing – Principles – Refusal to finance irregular expenses (see paras 181-184) 7. Agriculture – EAGGF – Granting of assistance and premiums – Obligation on Member States to organise an efficient system of administrative and on‑the‑spot controls – Scope (Commission Regulation No 3887/92, Art. 6(1)) (see para. 195) Re: APPLICATION for partial annulment of Commission Decision 2006/334/EC of 28 April 2006 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 2006 L 124, p. 21) in so far as it excludes certain expenditure incurred by the Italian Republic in the sectors of fruit and vegetables, milk and dairy products, arable farming, rural development as well as concerning payment deadlines. Operative part The Court: 1. Dismisses the action; 2. Orders the Italian Republic to pay the costs.