CELEX: C2007/095/98
Language: en
Date: 2007-04-28 00:00:00
Title: Case T-60/07: Action brought on 23 February 2007 — Spain v Commission

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/49
            
         Action brought on 23 February 2007 — Spain v Commission
   (Case T-60/07)
   (2007/C 95/98)
   Language of the case: Spanish
   Parties
   
      Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               Annul Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditures incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), in so far as it relates to the subject-matter of this action;
            
         
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               Order the Commission to pay the costs
            
         Pleas in law and main arguments
   The Kingdom of Spain challenges the contested Decision, in so far as it provides for a financial correction in respect of the failure to meet environmental conditions in the withdrawals of fruit and vegetables for animal feed in the Valencian Community during the financial years 2001, 2002 and 2003, in the amounts of EUR 2 858 447,88, EUR 4 357 238,89 and EUR 3 679 878,76 respectively.
   In support of its claim, the applicant alleges:
   
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               Non-existence of the irregularities complained of by the Commission, since the relevant rules of the Valencian Community did not give rise to a parallel system of biodegradation.
            
         
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               Breach of the principle of proportionality by the financial correction made, in so far as, the Commission did not establish the real amount of the financial risk that the supposed irregularities found entailed for the EAGGF; and secondly, the controls carried out by the Spanish authorities with regard to the withdrawal of products for animal feed were far superior to those required by the Community rules.
            
         
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               In the alternative, partial lack of basis for the financial correction applied.