Case T-274/08: Action brought on 11 July 2008 — Italy v Commission
Date: 2008-07-11
Institutions: Court of First Instance
Subjects: EAGGF, European Commission, Italy, action for annulment (EU), closing of accounts, fund (EU), interest

30.8.2008

EN

Official Journal of the European Union

C 223/57

Action brought on 11 July 2008 — Italy v Commission

Action brought on 11 July 2008 — Italy v Commission

(Case T-274/08)

(2008/C 223/100)

Language of the case: Italian

(Case T-275/08)

(2008/C 223/101)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, Avvo-
cato dello Stato)

Parties

Defendant: Commission of the European Communities

Applicant: Italian Republic (represented by: S. Fiorentino, avvo-
cato dello Stato)

Form of order sought

Defendant: Commission of the European Communities

— Annul Commission Decision C (2008) 1711 of 30 April
2008 on the clearance of the accounts of the paying agen-
cies of Member States concerning expenditure financed by
the European Agricultural Guarantee Fund (EAGF) for the
2007 financial year.

Form of order sought

Pleas in law and main arguments

The decision that is the subject of these proceedings is chal-
lenged in so far as it charges interest on sums to be borne by
the Italian State budget pursuant to Article 32(5) of Regulation
(EC) No 1290/05 and, in particular, in so far as it accounts for
interest, with effect from the date of payment of sums that are
not due, on sums which have not been recovered within eight
years of the date of the primary administrative or judicial proce-
dure and where judicial proceedings are pending before the
national courts or tribunals, 50 % of which is to be borne by
the Member State and 50 % by the Community budget.

In support of its action, the applicant Government claims infrin-
gement of Article 32(5) of Regulation (EC) No 1290/05. That
measure cannot be interpreted as meaning that, where recovery
is being disputed in legal proceedings, interest must be charged,
both because the literal wording of paragraph 5 makes no such
provision (unlike paragraph 1 of that provision) and because the
date from which interest runs can be established only once a
judicial finding has been made.

— annul Commission Decision C (2008) 1709 final of 30 April
2008 on the clearance of the accounts of certain paying
agencies of Germany, Italy and Slovakia concerning expendi-
ture financed by the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF)
in
respect of the 2006 financial year, in so far as it charges
interest on sums to be borne by the Italian State pursuant to
Article 32(5) of Regulation (EC) No 1290/05 and, in par-
ticular, in so far as it accounts for interest, with effect from
the date of payment of sums that are not due, on sums
which have not been recovered within eight years of the
date of the primary administrative or judicial procedure and
where judicial proceedings are pending before the national
courts or tribunals, 50 % of which is to be borne by the
Member State and 50 % by the Community budget.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied
on in Case T-274/08 Italian Republic v Commission.