CELEX: 62007TJ0033
Language: en
Date: 2009-06-11
Title: Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009.#Hellenic Republic v Commission of the European Communities.#EAGGF - Guarantee Section - Expenditure excluded from Community financing - Olive oil, cotton, dried grapes and citrus fruits - Non-compliance with payment deadlines - Period of 24 months - Assessment of the expenditure to be excluded - Key controls - Principle of proportionality - Principle of ne bis in idem - Extrapolation of the findings of default.#Case T-33/07.

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Greece v Commission
      (Case T-33/07)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Olive oil, cotton, dried grapes and citrus fruits – Non-compliance with payment deadlines – Period of 24 months – Assessment of the expenditure to be excluded – Key controls – Principle of proportionality – Principle of ne bis in idem – Extrapolation of the findings of default
      1.                     Agriculture – EAGGF – Clearance of accounts (Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art.
            8(1)) (see paras 80-82, 116-117, 140, 197, 265, 279, 285, 292-294, 321, 372)
      2.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures (see paras 166, 190)
      3.                     Community law – Principles – Protection of legitimate expectations – Conditions (see para. 227)
      4.                     Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure (Council Regulation No 1258/1999,
            Art. 7(4), fifth para., (a); Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art. 8(1)) (see paras
            230-232, 236, 240, 381)
      5.                     Actions for annulment – Jurisdiction of the Community judicature – Commission decision withdrawing Community financial assistance
            (Art. 231 EC) (see para. 380)
      Re:
      
         
               APPLICATION for partial annulment of Commission Decision 2006/932/EC of 14 December 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 355, p. 96), in so far as it relates to certain expenditure incurred by the Hellenic Republic in the
                  sectors of olive oil, dried grapes, citrus fruit and financial control.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.