CELEX: 62005TJ0375
Language: en
Date: 2008-10-15 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008. # Azienda Agricola "Le Canne" Srl v Commission of the European Communities. # Agriculture - Community financial assistance - Financial irregularity vitiating the request for payment of the balance - Decision to reduce the assistance - Expiry of the limitation period - Action for annulment and damages. # Case T-375/05.

Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – Le Canne v Commission
      (Case T-375/05)
      Agriculture – Community financial assistance – Financial irregularity vitiating the request for payment of the balance – Decision to reduce the assistance – Expiry of the limitation period – Action for annulment and damages
      1.                     Own resources of the European Communities – Regulation on the protection of the European Communities’ financial interests
            – Irregularity – Definition (Council Regulation No 2988/95 Art. 1(2), (4) and (5))
      2.                     Own resources of the European Communities – Regulation on the protection of the European Communities’ financial interests
            – Prosecution of irregularities – Limitation period (Council Regulation No 2988/95, Arts 3 and 4(1))
      3.                     Own resources of the European Communities – Regulation on the protection of the European Communities’ financial interests
            – Prosecution of irregularities – Limitation period (Council Regulation No 2988/95, Art. 3(1), para. 2; Commission Regulation
            No 1116/88, Art. 8)
      4.                     Non-contractual liability – Conditions – Damage – Causal link – Burden of proof 
      Re: 
      
         
               APPLICATION to annul Decision C(2005) 2939 of 26 July 2005 reducing the outstanding balance of Community financial assistance
                  granted to the application for the modernisation and renovation of its fish farm facilities and an application for compensation
                  for harm arising from that reduction.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls Commission Decision C(2005) 2939 of 26 July 2005 in so far as it reduces the Community financial assistance granted
                     to Azienda Agricola ‘Le Canne’ Srl for project IT/0016/90/02 on account of the imputation to the eligible expenditure to that
                     assistance of the profit made by Giradello SpA for the performance of works related to that project;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action for damages;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Commission to pay the costs.