CELEX: 62004TJ0221
Language: en
Date: 2006-07-25 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 25 July 2006. # Kingdom of Belgium v Commission of the European Communities. # EAGGF - Clearance of accounts - Arable crops - Check on areas based on a system of aerial orthoimagery (GIS) - Difference between the area declared and the area resulting from the GIS system - Administrative check and inspection on site - Loss to EAGGF. # Case T-221/04.

Judgment of the Court of First Instance (Second Chamber) of 25 July 2006 – Belgium v Commission
      (Case T-221/04)
      EAGGF – Clearance of accounts – Arable crops – Check on areas based on a system of aerial orthoimagery (GIS) – Difference between the area declared and the area resulting from the GIS system – Administrative check and inspection on site – Loss to EAGGF
      1.                     Court of Justice – Court of First Instance – Unlimited jurisdiction – Exercise in the context of an action for annulment (Arts
            229 EC and 230 EC) (see paras 27-28)
      2.                     Agriculture – EAGGF – Clearance of accounts (Council Regulation No 729/70) (see paras 30-33, 82-92)
      3.                     Agriculture – EAGGF – Grant of aids and premiums (Council Regulations Nos 729/70 and 3508/92; Commission Regulation No 3887/92)
            (see paras 52-57)
      Re: 
      
         
               APPLICATION for the partial annulment of Commission Decision 2004/136/EC of 4 February 2004 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 2004 L 40, p. 31), in so far as it imposes a flat-rate correction of 2% of the expenses declared by Belgium
                  in respect of arable crops.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Kingdom of Belgium to pay the costs.