Action brought on 9 July 2007 - Italian Republic v Commission (Case T-267/07)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello and S. Fiorentino, Avvocati dello Stato)

Defendant: Commission of the European Communities

Form of order sought

annul Commission Decision C (2007) 1901 final of 27 April 2007 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year, in so far as it charges to the Italian Republic, as provided for in Article 32(5) of Regulation (EC) No 1290/2005, 50% of the financial consequences of the non-recovery of amounts in the cases of irregularity or negligence under consideration in the present application.

Pleas in law and main arguments

The Italian Government has challenged before the Court of First Instance of the European Communities Commission Decision C (2007) 1901 final of 27 April 2007, notified on even date, on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year, in so far as it charges to the Italian Republic, as provided for in Article 32(5) of Regulation (EC) No 1290/2005, 50% of the financial consequences of the non-recovery of amounts in particular cases of irregularity or negligence.

In support of its action the Italian Government complained of the inclusion in the decision of cases which the Commission ought to have decided expressly, with diligence and within a reasonable period, at a earlier time, by charging in full to the EAGGF. That is also having regard to the fact that, in respect of several of those positions, the Commission had taken a favourable decision.

The Italian Government therefore pleaded the following grounds of appeal:

(a)    infringement and/or misapplication of Article 5(2) of Regulation (EEC) No 595/91 and Article 8 of Regulation (EC) No 1663/95. Infringement of Article 253 EC in respect of failure to state the grounds;

(b)    infringement and/or misapplication of Article 8(2) of Regulation (EEC) No 729/70 and Article 8(2) of Regulation (EC) No 1258/99. Infringement of Article 253 EC in respect of failure to state the grounds;

(c)    infringement and/or misapplication of Article 5(2) of Regulation (EEC) No 595/91, Article 8 of Regulation (EC) No 1663/95, Article 8(2) of Regulation (EEC) No 729/70 and Article 8(2) of Regulation (EC) No 1258/99 (in relation to the amounts less than EUR 500 000.00). Infringement of Article 253 EC in respect of failure to state the grounds (in relation to amounts less than EUR 500 000.00).

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