Judgment of the General Court of 22 April 2010 - Italy v Commission

(Cases T-274/08 and T 275/08) ¹

(EAGF - Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAGF - Sums recoverable from the Italian Republic where there is non-recovery within the time-limits specified - Meaning of financial consequences - Receipt of interest - Article 32(5) of Regulation (EC) No 1290/2005)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, lawyer)

Defendant: European Commission (represented by: F. Jimeno Fernández and P. Rossi, acting as Agents)

Re:

Application, in Case T-274/08, for partial annulment of Commission Decision 2008/396/EC of 30 April 2008 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for the 2007 financial year (OJ 2008 L 139, p. 33) in so far as it includes interest on the sums charged to the budget of the Italian State under Article 32(5) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1), and, in Case T-275/08, for partial annulment of Commission Decision 2008/394/EC of 30 April 2008 on the clearance of the accounts of certain paying agencies in Germany, Italy and Slovakia concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year (OJ 2008 L 139, p. 22) in so far as it includes interest on the sums charged to the budget of the Italian State under Article 32(5) of Regulation No 1290/2005.

Operative part of the judgment

The Court:

Joins Cases T-274/08 and T-275/08 for the purposes of judgment;

Dismisses the actions;

Orders the Italian Republic to pay the costs.

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¹ - OJ C 223, 30.8.2008.