Judgment — ECLI:EU:T:2006:223
Date: 2006-07-25
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Concepts: Procedure for clearance of accounts;General;Conditions subject to which expenditure is borne by the EAGGF
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Belgium

Judgment of the Court of First Instance (Second Chamber) of 25 July 2006 – Belgium v Commission (Case T-221/04) EAGGF – Clearance of accounts – Arable crops – Check on areas based on a system of aerial orthoimagery (GIS) – Difference between the area declared and the area resulting from the GIS system – Administrative check and inspection on site – Loss to EAGGF 1. Court of Justice – Court of First Instance – Unlimited jurisdiction – Exercise in the context of an action for annulment (Arts 229 EC and 230 EC) (see paras 27-28) 2. Agriculture – EAGGF – Clearance of accounts (Council Regulation No 729/70) (see paras 30-33, 82-92) 3. Agriculture – EAGGF – Grant of aids and premiums (Council Regulations Nos 729/70 and 3508/92; Commission Regulation No 3887/92) (see paras 52-57) Re: APPLICATION for the partial annulment 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), in so far as it imposes a flat-rate correction of 2% of the expenses declared by Belgium in respect of arable crops. Operative part The Court: 1. Dismisses the action; 2. Orders the Kingdom of Belgium to pay the costs.