Judgment of the Court of First Instance (Second Chamber) of 20 June 2006 – Greece v Commission

(Case T-251/04)

EAGGF – Expenditure excluded from Community financing – Public storage of rice – Force majeure – Processed fruit and vegetable products – Assistance to the needy – Restructuring programme in the fruit and vegetables sector – Flat-rate corrections – Time-limit of 24 months

1.                     Agriculture – Common organisation of the markets – Rice – Public storage of rice (Commission Regulation No 708/98, Art. 6(1)) (see paras 46-54)

2.                     Agriculture – EAGGF – Clearance of accounts (Council Regulations Nos 729/70, as amended by Regulation No 2245/1999, Art. 5(2)(c), and 2201/96; Commission Regulations Nos 708/98 and 1663/95, Art. 8(1)) (see paras 74, 76-78, 96-101, 106-107, 136-137, 179-182)

3.                     Agriculture – EAGGF – Grant of aids and premiums (Commission Regulation No 3149/92, Art. 9) (see paras 138-142)

4.                     Agriculture – Common agricultural policy – Support to producers for the purpose of restructuring in the fruit and vegetable sector (Commission Regulation No 3816/92, Art. 2) (see paras 162-169)

Re:

ACTION for the annulment of Commission Decision 2004/457/EC of 29 April 2004 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 2004 L 202, p. 35), in so far as it excludes certain expenditure by the Hellenic Republic in the sectors of fruit and vegetables and public storage.

Operative part

The Court:

1.      Dismisses the action;

2.      Orders the Hellenic Republic to pay the costs.