CELEX: 62004TJ0224
Language: en
Date: 2008-11-13
Title: Judgment of the Court of First Instance (Seventh Chamber) of 13 November 2008. # Italian Republic v Commission of the European Communities. # EAGGF - ‘Guarantee’ Section - Expenditure excluded from Community financing - Aid for the processing of tomatoes and production of olive oil. # Case T-224/04.

Judgment of the Court of First Instance (Seventh Chamber) of 13 November 2008 – Italy v Commission
      (Case T-224/04)
      EAGGF – ‘Guarantee’ Section – Expenditure excluded from Community financing – Aid for the processing of tomatoes and production of olive oil
      1.                     Agriculture – EAGGF – Clearance of accounts – Procedure  (see paras 38-39)
      2.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute
            – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance,
            Art. 44(1)(c)) (see para. 41)
      3.                     Agriculture – Common agricultural policy – EAGGF financing – Grant of aid and premiums (Art. 10 EC; Council Regulations Nos
            729/70, Art. 8(1), and No 1258/1999, Art 1; Commission Regulation No 504/97, Art. 15(1)) (see paras 51-55)
      4.                     Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of
            the Community rules (see paras 56-58, 65, 98)
      5.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures (see para. 93)
      Re: 
      
         
               ACTION for partial annulment of Commission Decision 2003/536/EC of 22 July 2003 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 2003 L 184, p. 42) to the extent that it excludes certain expenditure by the Italian Republic in the financial
                  years 1999 to 2002.
               
            Operative part
      The Court:
      
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.