CELEX: C2007/211/77
Language: en
Date: 2007-09-08 00:00:00
Title: Case T-236/07: Action brought on 4 July 2007 — Federal Republic of Germany v Commission

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/41
            
         Action brought on 4 July 2007 — Federal Republic of Germany v Commission
   (Case T-236/07)
   (2007/C 211/77)
   Language of the case: German
   Parties
   
      Applicant: Federal Republic of Germany (represented by: M. Lumma and J. Müller)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               declare void Commission Decision K(2007) 1901 final of 27 April 2007 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year, to the extent that it charges to the applicant the amount of EUR 1 750 616,27;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   The applicant contests Commission Decision K(2007) 1901 final of the Commission of 27 April 2007 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year, and applies for annulment of that decision, to the extent that it charges to the applicant half of certain non-recoverable export refunds.
   In support of its claim, the applicant maintains, first, that the defendant was wrong to apply the fixed 50 % charge laid down in Article 32(5) of Regulation (EC) No 1290/95 (1). According to the applicant that provision is not applicable to cases which were notified in accordance with Article 5(2) of Regulation (EC) No 595/91 (2).
   Secondly, the applicant argues that in some of the cases at issue the defendant has infringed the principles of proper administration since it did not comply with the obligation to which it was bound by the unilateral statement for the minutes of 4 May 1995.
   
      (1)  Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1).
   
      (2)  Council Regulation (EEC) No of 4 March 1991 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organisation of an information system in this field and repealing Regulation (EEC) No 283/72 (OJ 1991 L 67, p. 11).