Judgment of the General Court (Sixth Chamber) of 31 March 2011 – Greece v Commission
(Case T-214/07)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Arable crops – Specific measures for certain agricultural products in favour of the smaller Aegean islands
1. Agriculture – EAGGF – Clearance of accounts – Limitation of refusal of financing – 24-month period – Point from which time starts to run – Communication by the Commission of the results of checks (Council Regulations Nos 729/70, Art. 5(2)(c) and 1258/1999, Art. 7(4), fifth para.) (see para. 39)
2. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules – Challenge by the Member State concerned – Burden of proof – Allocation between the Commission and the Member State (Council Regulations Nos 729/70 and 1258/1999) (see paras 51, 53-55)
3. Acts of the institutions – Regulations – Regulation prescribing specific control measures – No discretion of Member States – Non-implementation – Justification – Other system of control more efficient – Not permissible (see para. 56)
4. Actions for annulment – Jurisdiction of the Community judicature – Commission decision withdrawing Community financial assistance – No power to substitute another decision or vary the disputed decision – Pleas for reduction of the amount to be repaid – Inadmissibility (Art. 230 EC) (see para. 136)
Re:
APPLICATION for annulment of Commission Decision 2007/243/EC of 18 April 2007 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 2007 L 106, p. 55).
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Hellenic Republic to pay the costs.
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