Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Greece v Commission
(Case T-33/07)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Olive oil, cotton, dried grapes and citrus fruits – Non-compliance with payment deadlines – Period of 24 months – Assessment of the expenditure to be excluded – Key controls – Principle of proportionality – Principle of ne bis in idem – Extrapolation of the findings of default
1. Agriculture – EAGGF – Clearance of accounts (Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art. 8(1)) (see paras 80-82, 116-117, 140, 197, 265, 279, 285, 292-294, 321, 372)
2. Acts of the institutions – Regulations – Regulation prescribing specific control measures (see paras 166, 190)
3. Community law – Principles – Protection of legitimate expectations – Conditions (see para. 227)
4. Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure (Council Regulation No 1258/1999, Art. 7(4), fifth para., (a); Commission Regulation No 1663/95, as amended by Regulation No 2245/1999, Art. 8(1)) (see paras 230-232, 236, 240, 381)
5. Actions for annulment – Jurisdiction of the Community judicature – Commission decision withdrawing Community financial assistance (Art. 231 EC) (see para. 380)
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 relates to certain expenditure incurred by the Hellenic Republic in the sectors of olive oil, dried grapes, citrus fruit and financial control. |
Operative part
The Court:
2. | | Orders the Hellenic Republic to pay the costs. |