Action brought on 3 December 2009 - Spain v Commission
(Case T-491/09)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez)
Defendant: European Commission
Form of order sought
annul Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as it is the object of the present action; and
order the Commission to pay the costs.
Pleas in law and main arguments
In support of its action, the applicant relies on the following pleas:
Infringement, with regard to the financial correction applicable to aid to olive oil production, of Article 7(4) of Regulation 1258/1999
1 and Article 31(1) of Regulation 1290/2005,
2 since the contested decision applies them in inappropriate circumstances, given that the theoretical irregularities relied on by the Commission to justify the financial corrective measures decided upon are insufficient.
That the irregularities alleged by the Commission concerning the financial correction applicable to aid for premiums for ovines and caprines do not exist, which implies that the contested decision infringed Article 7(4) of Regulation 1258/1999 and Article 31(1) of Regulation 1290/2005, by applying those provisions in inappropriate circumstances. It is alleged, in that regard, that on-the-spot checks were carried out during the retention period, in accordance with Article 24(2) of Regulation 2419/2001,
3 and that the problems alleged by the Commission in relation to the registration books of farms and to the fact that the inspectors made no observations concerning registrations not carried out, do not affect the determination of the number of animals eligible for subsidy of the farm throughout the entire retention period.