CELEX: 62004TJ0381
Language: en
Date: 2008-09-10 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008. # Italian Republic v Commission of the European Communities. # EAGGF - Guarantee Section - Expenditure excluded from Community financing - Animal subsidies and rural development - Inadequate national management and control system. # Case T-381/04.

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Italy v Commission
      (Case T-381/04)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Animal subsidies and rural development – Inadequate national management and control system
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decision relating to the clearance of accounts in respect
            of expenditure financed by the EAGGF (Art. 253 EC) (see para. 60)
      2.                     Procedure – Application initiating proceedings – Formal requirements – 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 paras 67-68, 73-74)
      3.                     Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Regulation
            No 2988/95 (Council Regulation No 2988/95, Arts 1, 2 and 7) (see paras 80-84)
      4.                     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 (see paras 95-96, 127, 136-137, 142)
      Re:
      
         
               APPLICATION for partial annulment of Commission Decision 2004/561/EC of 16 July 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 250, p. 21), in so far as it excludes certain expenditure incurred by the Italian Republic in the
                  sectors of animal subsidies and rural development.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.