CELEX: 62005TJ0369
Language: en
Date: 2009-06-19
Title: Judgment of the Court of First Instance (Third Chamber) of 19 June 2009. # Kingdom of Spain v Commission of the European Communities. # EAGGF - Guarantee Section - Expenditure excluded from Community financing - Aids for restructuring and conversion in the wine sector - Aids for the improvement of the production and marketing of honey - Concept of loss of revenue due to implementation of the plan - Article 13(1)(a) of Regulation (EC) No 1493/1999 - Concept of intervention intended to stabilise the agricultural markets - Article 2(2) of Regulation (EC) No 1258/1999. # Case T-369/05.

Judgment of the Court of First Instance (Third Chamber) of 19 June 2009 – Spain v Commission
      (Case T-369/05)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Aids for restructuring and conversion in the wine sector – Aids for the improvement of the production and marketing of honey – Concept of loss of revenue due to implementation of the plan – Article 13(1)(a) of Regulation (EC) No 1493/1999 – Concept of intervention intended to stabilise the agricultural markets – Article 2(2) of Regulation (EC) No 1258/1999
      1.                     Agriculture – Common agricultural policy – Management principles – Equal treatment of economic operators (Council Regulation
            No 1258/1999) (see para. 46)
      2.                     Agriculture – Common agricultural policy – Expenses arising from a misapplication of Community law – EAGGF financing – Condition
            (Council Regulations Nos 1258/1999 and 1493/1999, Art. 13(1)(a)) (see paras 67-69)
      3.                     Community law – Interpretation – Acts of the institutions (see paras 74, 101)
      4.                     Agriculture – EAGGF – Clearance of accounts (see para. 79)
      5.                     Acts of the institutions – Regulations – Application by analogy – Conditions (see paras 92-93)
      Re:
      
         
               APPLICATION for the partial annulment of Commission Decision 2005/555/EC of 15 July 2005 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 2005 L 188, p. 36), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the
                  wine and honey sectors.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.