Judgment of the Court of First Instance (Third Chamber) of 19 June 2009 – Spain v Commission
(Case T-369/05)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Aids for restructuring and conversion in the wine sector – Aids for the improvement of the production and marketing of honey – Concept of loss of revenue due to implementation of the plan – Article 13(1)(a) of Regulation (EC) No 1493/1999 – Concept of intervention intended to stabilise the agricultural markets – Article 2(2) of Regulation (EC) No 1258/1999
1. Agriculture – Common agricultural policy – Management principles – Equal treatment of economic operators (Council Regulation No 1258/1999) (see para. 46)
2. Agriculture – Common agricultural policy – Expenses arising from a misapplication of Community law – EAGGF financing – Condition (Council Regulations Nos 1258/1999 and 1493/1999, Art. 13(1)(a)) (see paras 67-69)
3. Community law – Interpretation – Acts of the institutions (see paras 74, 101)
4. Agriculture – EAGGF – Clearance of accounts (see para. 79)
5. Acts of the institutions – Regulations – Application by analogy – Conditions (see paras 92-93)
Re:
APPLICATION for the partial annulment of Commission Decision 2005/555/EC of 15 July 2005 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 2005 L 188, p. 36), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the wine and honey sectors.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Kingdom of Spain to pay the costs.
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