Action brought on 22 February 2008 - Italy v Commission

(Case T-95/08)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Defendant: Commission of the European Communities

Form of order sought

Annul Commission Decision C(2007) 6514 of 20 December 2007, notified on 21 December 2007, in so far as it excludes from Community financing and charges to the budget of the Italian Republic the financial consequences to be applied in connection with clearance of the expenditure financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.

Order the defendant to pay the costs.

Pleas in law and main arguments

The Italian Government brings the present action against Commission Decision C(2007) 6514 of 20 December 2007 in so far as it excludes from Community financing and charges to the budget of the applicant the financial consequences to be applied in connection with clearance of the expenditure financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.

In support of its claims, the applicant submits:

As regards aid for products processed from fruit and vegetables, infringement of Article 30(1) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (OJ 2003 L 218, p. 14).

As regards the purchase of bovine animals aged over 30 months intended for destruction, infringement of Article 5(5) of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market (OJ 2000 L 321, p. 47) and of Article 4 of Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (OJ 1997 L 294, p. 7).

As regards the tobacco premium system, infringement of Article 9(3) of Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco (OJ 1992 L 215, p. 70) and Articles 11 and 12 of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 075/92 (OJ 1998 L 358, p. 17).

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