Action brought on 22 September 2008 - Italy v Commission
(Case T-426/08)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato)
Defendant: Commission of the European Communities
Form of order sought
annul decision 8/VII/2008 No C (2008) 3411 final, notified on 11 July 2008, excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) in so far as it makes certain financial corrections to be borne by Italy.
Pleas in law and main arguments
By the contested decision the Commission excluded from Community financing chargeable to the EAGGF four categories of expenditure incurred by the Italian State from 2001 to 2006. They were corrections relating to certain export refunds of fruit and vegetables and sugar, aid for citrus processing in respect of the financial years 2004 and 2005, the amount of the additional levy to be applied to milk products which in production and marketing exceed the milk quotas allocated to them in relation to the 2002-2003 marketing campaign and area/arable crops aid in respect of 2004, 2005 and 2006.
In support of its claims the applicant submits that the controls carried out were correct
and fair.
In this case the applicant relies on infringement of the duty to state reasons, the principle of proportionality, Articles 11, 12 and 14 of Commission Regulation (EC) No 1392/2001 of 9 July 2001 laying down detailed rules for applying Council Regulation (EEC) No 3950/92 establishing an additional levy on milk and milk products,
2 Article 7(4) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy,
4 Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy, Articles 22 and 30 of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92, and Articles 50, 51 and 30 of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers.