Judgment of the Court of First Instance of 1 July 2009 - Spain v Commission
(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Fibre flax - Hemp - Bananas - OLAF report - Report of the Court of Auditors - Bilateral meeting under Article 8(1) of Regulation (EC) No 1663/95 - Breach of essential procedural requirements - Abusive practice - Existence of financial harm to the EAGGF)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, abogado del Estado)
Defendant: Commission of the European Communities (represented by: T. van Rijn, L. Parpala and F. Jimeno Fernández, acting as Agents)
Re:
Annulment in part of Commission Decision 2005/354/EC of 29 April 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), Guarantee Section (OJ 2005 L 112, p. 14).
Operative part of the judgment
The Court:
Annuls Commission Decision 2005/354/EC of 29 April 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), Guarantee Section, in so far as it excludes from Community financing the expenditure by the Kingdom of Spain made under aid granted for the production of hemp in the years 1996/1997 to 1999/2000;
Dismisses the remainder of the action;
Orders each party to bear its own costs.
____________1 - OJ C 217, 3.9.2005.