Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – Portugal v Commision

(Case T-183/06)

EAGGF – Guarantee Section – Expenditure excluded from Community financing – Flax textile – Effectiveness of checks

1.                     Agriculture – EAGGF – Grant of aids and premiums (Council Regulation No 1258/1999, Art. 8(1)) (see paras 31-32)

2.                     Agriculture – EAGGF – Clearance of accounts (Council Regulation No 1258/1999, Art. 7(4)) (see paras 33-35)

Re:

APPLICATION for partial annulment of Commission Decision 2006/334/EC of 28 April 2006 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 2006 L 124, p. 21).

Operative part

The Court:

1. Annuls Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it excludes all of the expenditure incurred by the Portuguese Republic in the flax sector;

2. Orders the Commission of the European Communities to pay the costs.