CELEX: 62007TJ0050
Language: en
Date: 2009-06-17
Title: Judgment of the Court of First Instance (Second Chamber) of 17 June 2009.#Portuguese Republic v Commission of the European Communities.#EAGGF - Guarantee Section - Expenditure excluded from Community financing - Arable crops - Durum wheat - Period of 24 months - First communication referred to in Article 8(1) of Regulation (EC) No 1663/95 - On-the-spot checks - Remote sensing - Effectiveness of checks - Results of checks - Corrective action to be taken by the Member State concerned - Existence of financial harm to the EAGGF.#Case T-50/07.

Judgment of the Court of First Instance (Second Chamber) of 17 June 2009 – Portugal v Commission
      (Case T-50/07)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Arable crops – Durum wheat – Period of 24 months – First communication referred to in Article 8(1) of Regulation (EC) No 1663/95 – On-the-spot checks – Remote sensing – Effectiveness of checks – Results of checks – Corrective action to be taken by the Member State concerned – Existence of financial harm to the EAGGF
      1.                     Agriculture – EAGGF – Clearance of accounts (Council Regulations Nos 729/70, Art. 5(2)(c), and 1258/1999, Art. 7(4), fifth
            para.; Commission Regulation No 1663/95, Art. 8(1), first, second and fourth subparas) (see paras 27-30, 32-34, 74-77, 84-87,
            95-97)
      2.                     Agriculture – Common agricultural policy – EAGGF financing (Commission Regulation No 3887/92, Art. 6(1)) (see paras 101-102)
      Re:
      
         
               APPLICATION for 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) (OJ 2006 L 355, p. 96), in so far as it excludes from Community financing certain expenditure incurred by the
                  Portuguese Republic in the sector of arable crops (durum wheat).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls 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) in so far
                     as that decision excludes in respect of the Portuguese Republic certain expenditure incurred in the sector of arable crops
                     (durum wheat) during the marketing year 2003;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder; 
               
            
         
                  3.
               
               
                  
               
               
                  	Orders each party to bear its own costs.