CELEX: 62009CJ0321
Language: en
Date: 2011-04-07 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 April 2011. # Hellenic Republic v European Commission. # Appeal - EAGGF - Expenditure excluded from Community financing owing to failure to comply with Community rules - Expenditure incurred by the Hellenic Republic. # Case C-321/09 P.

Judgment of the Court (Fifth Chamber) of 7 April 2011 – Greece v Commission
      (Case C-321/09 P)
      Appeal – EAGGF – Expenditure excluded from Community financing owing to failure to comply with Community rules – Expenditure incurred by the Hellenic Republic
      1.                     Union law – Principles – Duty to act within a reasonable time – Administrative procedure – Assessment that must be made in
            concreto – Criteria for assessment – Assessment within the jurisdiction of the General Court – Review by the Court of Justice
            (see paras 32-36)
      2.                     Union law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities
            (see paras 45-46)
      3.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted
            (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 48-49)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009, in Case T‑33/07 
               Greece 
               v 
               Commission
               , by which that court dismissed an application for the partial annulment of Commission Decision 2006/932/EC of 14 December
                  2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the
                  European Agricultural Guidance and Guarantee Fund (EAGGF) (notified under document number C(2006) 5993) – Olive oil, cotton,
                  dried grapes and citrus fruit sectors.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.