CELEX: 62006TJ0281
Language: en
Date: 2009-04-30 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009. # Kingdom of Spain v Commission of the European Communities. # EAGGF - Guarantee Section - Expenditure excluded from Community financing - Compensatory aid for banana producers - Irregularities in quality controls - Type of financial correction applied - Proportionality. # Case T-281/06.

Judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009 – Spain v Commission
      (Case T-281/06)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Compensatory aid for banana producers – Irregularities in quality controls – Type of financial correction applied – Proportionality
      1.                     Agriculture – EAGGF – Clearance of accounts (Council Regulation No 729/70, Art. 5(2)(c), and No 1258/1999, Art. 7(4)) (see
            paras 42-43, 65-66, 71)
      2.                     Acts of the institutions – Regulations –Regulation laying down specific control measures (see para. 48)
      3.                     Agriculture – Common agricultural policy – EAGGF financing (Council Regulation No 404/93, Art. 12(1), and No 1258/1999, Art.
            8(1); Commission Regulation No 2257/94 and No 2898/95, Art. 7(3)) (see para. 53)
      Re: 
      
         
               PARTIAL ANNULMENT of Commission Decision 2006/554/EC of 27 July 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 218, p. 12) in so far as it provides for a financial correction applicable to expenses declared by the Kingdom
                  of Spain pursuant to compensatory aid for banana producers for the financial years 2002 and 2003.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.