CELEX: 62007TJ0214
Language: en
Date: 2011-03-31
Title: Judgment of the General Court (Sixth Chamber) of 31 March 2011. # Hellenic Republic v European Commission. # EAGGF - Guarantee Section - Expenditure excluded from Community financing - Arable crops - Specific measures for certain agricultural products in favour of the smaller Aegean islands. # Case T-214/07.

Judgment of the General Court (Sixth Chamber) of 31 March 2011 – Greece v Commission
      (Case T-214/07)
      EAGGF – Guarantee Section – Expenditure excluded from Community financing – Arable crops – Specific measures for certain agricultural products in favour of the smaller Aegean islands
      1.                     Agriculture – EAGGF – Clearance of accounts – Limitation of refusal of financing – 24-month period – Point from which time
            starts to run – Communication by the Commission of the results of checks (Council Regulations Nos 729/70, Art. 5(2)(c) and
            1258/1999, Art. 7(4), fifth para.) (see para. 39)
      2.                     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 (Council Regulations Nos 729/70 and 1258/1999) (see paras 51, 53-55)
      3.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures – No discretion of Member States
            – Non-implementation – Justification – Other system of control more efficient – Not permissible (see para. 56)
      4.                     Actions for annulment – Jurisdiction of the Community judicature – Commission decision withdrawing Community financial assistance
            – No power to substitute another decision or vary the disputed decision – Pleas for reduction of the amount to be repaid –
            Inadmissibility (Art. 230 EC) (see para. 136)
      Re:
      
         
               APPLICATION for annulment of Commission Decision 2007/243/EC of 18 April 2007 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 2007 L 106, p. 55).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.