Action brought on 11 July 2008 - Italy v Commission

(Case T-275/08)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, avvocato dello Stato)

Defendant: Commission of the European Communities

Form of order sought

annul Commission Decision C (2008) 1709 final of 30 April 2008 on the clearance of the accounts of certain paying agencies of Germany, Italy and Slovakia concerning expenditure financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of the 2006 financial year, in so far as it charges interest on sums to be borne by the Italian State pursuant to Article 32(5) of Regulation (EC) No 1290/05 and, in particular, in so far as it accounts for interest, with effect from the date of payment of sums that are not due, on sums which have not been recovered within eight years of the date of the primary administrative or judicial procedure and where judicial proceedings are pending before the national courts or tribunals, 50% of which is to be borne by the Member State and 50 % by the Community budget.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-274/08 Italian Republic v Commission.

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