7.6.2008
EN
Official Journal of the European Union
C 142/7
Judgment of the Court (Second Chamber) of 24 April 2008 — Kingdom of Belgium v Commission of the European Communities
(Case C-418/06 P) (1)
(Appeal - EAGGF - Arable crop sector - Clearance of EAGGF accounts - Reliable and operational inspection system - Expenditure excluded from Community financing - Flat-rate correction - Retrospective application of the rules relating to checks - Implicit obligations - Principle of proportionality - Legal certainty - Unlimited jurisdiction)
(2008/C 142/09)
Language of the case: French
Parties
Appellant: Kingdom of Belgium (represented by: A. Hubert and L. Van den Broeck, Agents, H. Gilliams, P. de Bandt and L. Goossens, avocats)
Other party to the proceedings: Commission of the European Communities (represented by: M. Nolin and L. Visaggio, Agents)
Re:
Appeal brought against the judgment delivered by the Court of First Instance (Second Chamber) on 25 July 2006 in Case T-221/04 Belgium v Commission, by which the Court of First Instance dismissed the application for partial annulment of Commission Decision 2004/136/EC of 4 February 2004 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 2004 L 40, p. 31), in so far as it imposes a flat-rate correction of 2 % of the expenditure declared by Belgium in respect of arable crops.
Operative part of the judgment
The Court:
1.
Dismisses the appeal.
2.
Orders the Kingdom of Belgium and the Commission of the European Communities to bear their own costs.
(1) OJ C 294, 2.12.2006.
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