CELEX: 62005TJ0352
Language: en
Date: 2011-09-28 00:00:00
Title: Judgment of the General Court (First Chamber) of 28 September 2011. # Hellenic Republic v European Commission. # EAGGF - Guarantee section - Expenditure excluded from Community financing - Specific measures for certain agricultural products in favour of the minor islands of the Aegean Sea - Fruit and vegetables - Raw tobacco - Goat and sheepmeat - Non-compliance with payment deadlines - Proportionality - Increase in flat-rate correction for recurrent weaknesses. # Case T-352/05.

Judgment of the General Court (First Chamber) of 28 September 2011 – Greece v Commission
      (Case T-352/05)
      EAGGF – Guarantee section – Expenditure excluded from Community financing – Specific measures for certain agricultural products in favour of the minor islands of the Aegean Sea – Fruit and vegetables – Raw tobacco – Goat and sheepmeat – Non-compliance with payment deadlines – Proportionality – Increase in flat-rate correction for recurrent weaknesses
      1.                     Agriculture – Common agricultural policy – EAGGF financing – Grant of aids and premiums – Obligation on Member States to organise
            an effective system of administrative controls and on-the-spot checks (Council Regulations No 1258/1999 and No 3508/92) (see
            paras 91-93)
      2.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from
            irregularities in the application of the Community rules (Council Regulation No 1258/1999) (see paras 94-97, 110-111, 168)
      3.                     European Union law – Principles – Force majeure – Concept (see paras 122-124, 199)
      4.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from
            irregularities in the application of the Community rules (Council Regulation No 1258/99, Art. 7(4); Commission Regulation
            No 296/96, Art. 4(2)) (see paras 129-131, 167)
      5.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from
            irregularities in the application of Community rules (Council Regulation No 1258/99; Commission Regulation No 296/96, Art.
            4(2)) (see paras 144-148, 203)
      6.                     Agriculture – Common agricultural policy – EAGGF financing – Grant of aids and premiums – Obligation on Member States to organise
            an efficient system of administrative controls and spot checks (Council Regulation No 3508/92, Arts 9a(1) and 13(1)(d); Commission
            Regulation No 2848/98, Art. 45, first para.,(a)) (see paras 231, 234-238)
      7.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures – No Member State discretion (see
            para. 241)
      Re: 
      
         
               ANNULMENT of Commission Decision 2005/579/EC of 20 July 2005 disallowing from Community financing certain expenditure incurred
                  by the Member States under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section (OJ 2005 L 199,
                  p. 84) in so far as it excludes certain expenditure carried out by the Hellenic Republic in the context of specific measures
                  for certain agricultural products in favour of the minor islands of the Aegean Sea and in the fruit and vegetables, raw tobacco
                  and goat and sheepmeat sectors.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.