Action brought on 11 December 2006 - Italy v Commission
(Case T-394/06)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: G. Aiello, Avvocato dello Stato)
Defendant: Commission of the European Communities
Form of order sought
Annul the Commission's decision C (2006) 4324 of 3 October 2006, notified on the same date, in so far as it excludes from Community financing, and charges to the budget of the Italian Republic the financial consequences to be applied in the context of the clearance of expenditure financed by the European Agricultural Guidance and Guarantee Fund, Guarantee Section, cases of irregularity by a number of operators.
Pleas in law and main arguments
In the present action, the Italian Republic contests the exclusion from Community financing, and the consequent charging to the budget of the Italian State, the financial consequences relating to 157 cases of irregularities in the total amount of EUR 310 849 495,98, in relation to which the applicant failed to take steps with all due diligence by instigating the recovery procedure.
In support of its claims, the applicant disputes that there is any negligence that can be attributed to it and claims:
Infringement and/or misapplication of Article 5(2) of Council Regulation (EEC) No 595/91 of 4 March 1991 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organization of an information system in this field and repealing Regulation (EEC) No 283/72.
1 Infringement and/or misapplication of Article 8(1)(c) of Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy,
2 and Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy.
3