Judgment of the Court of First Instance (Third Chamber) of 10 July 2009 – Italy v Commission

(Case T-373/05)

EAGGF – Guarantee Section – Expenditure excluded from Community financing – Raw tobacco – Obligation to state reasons – Article 7(4) of Regulation (EC) No 1258/1999

1.                     Acts of the institutions – Statement of reasons – Obligation – Scope (see paras 50-51)

2.                     Agriculture – EAGGF – Clearance of accounts (see paras 65-67)

Re:

APPLICATION for annulment in part of Commission Decision 2005/579/EC of 20 July 2005 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 2005 L 199, p. 84), in so far as it excludes certain expenditure incurred by the Italian Republic in the sector of raw tobacco.

Operative part

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.