CELEX: 62007TJ0227
Language: en
Date: 2010-10-28 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 28 October 2010.#Kingdom of Spain v European Commission.#EAGGF - Guarantee Section - Expenditure excluded from Community financing - Production aid intended for tomato processors - Spot checks over sufficient periods - Proportionality.#Case T-227/07.

Judgment of the General Court (Sixth Chamber) of 28 October 2010 – Spain v Commission
      (Case T-227/07)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Production aid intended for tomato processors – Spot checks over sufficient periods – Proportionality
      1.                     Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of
            the Community rules – Challenge by the Member State concerned – Burden of proof – Allocation between the Commission and the
            Member State (Council Regulation No 729/70) (see paras 36-39)
      2.                     Agriculture – EAGGF – Grant of aid and premiums – Obligation on Member States to organise an effective system of administrative
            controls and on-the-spot checks – Spot checks over sufficient periods – Concept – Requirement that the subject not be aware
            in advance of a spot check or its unlikelihood during a predetermined period (Commission Regulation No 1535/2003, Arts 28
            and 31) (see paras 64-65)
      3.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures – No discretion of Member States
            – Non-implementation – Justification – Better effectiveness of another control system – Not permissible (Commission Regulation
            No 1535/2003) (see paras 70, 101)
      Re:
      
         
               ACTION for annulment, in part, of Commission Decision 2007/243/EC of 18 April 2007 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 2007 L 106, p. 55).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to pay the costs.