Case T-220/04: Judgment of the Court of First Instance of 28 March 2007 — Spain v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Tomatoes and citrus fruits — Sample checks — Force majeure)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Spain, action for annulment (EU), fruit vegetable, operational expenditure, production aid

C 96/32

EN

Official Journal of the European Union

28.4.2007

6. In Case T-128/02 Papeteries Mougeot v Commission:

— dismisses the action;

— orders the applicant to pay the costs.

7. In Case T-129/02 Torraspapel v Commission:

— dismisses the action;

— orders the applicant to pay the costs.

8. In Case T-132/02 Distribuidora Vizcaína de Papeles v Commis-

sion:

— dismisses the action;

— orders the applicant to pay the costs.

9. In Case T-136/02 Papelera Guipuzcoana de Zicuñaga v Commis-

sion:

— sets the amount of

the fine imposed on the applicant by
Article 3 of Commission Decision 2004/337/EC of
20 December 2001 relating to a proceeding pursuant
to
Article 81 of the EC Treaty and Article 53 of the EEA Agree-
(Case COMP/E-1/36.212 — Carbonless paper) at
ment
EUR 1 309 million;

— dismisses the remainder of the action;

— orders the applicant to bear two thirds of its own costs and pay
two thirds of the costs incurred by the Commission and the
Commission to bear one third of its own costs and pay one
third of those incurred by the applicant.

(1) OJ C 131, 1.6.2002.

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)

(2007/C 96/66)

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 (repre-
sented by: initially M. Nolin and S. Pardo Quintillán and subse-
quently 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 European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2004 L 40, p. 31)

the Guarantee Section of

Operative part of the judgment

The Court:

1. 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 corre-
sponding to an adjustment of the aid to Andalusian growers of
certain citrus fruits in respect of the financial years 1998 to 2001;

2. dismisses the remainder of the action;

3. orders the parties to bear their own costs.

(1) OJ C 146, 29.5.2004 (formerly C-175/04).

Judgment of the Court of First Instance of 25 April 2007
— WWF European Policy Programme v Council

(Case T-264/04) (1)

(Access to documents — Regulation (EC) No 1049/2001 —
Exceptions relating to the protection of the public interest —
Partial access)

(2007/C 96/67)

Language of the case: English

Parties

Applicant: WWF European Policy Programme (Brussels, Belgium)
(represented by: R. Haynes, Barrister)

Defendant: Council of
B. Driessen and M. Bauer, Agents)

the European Union (represented by:

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: E. Montaguti and P. Aalto,
Agents)