Judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 – Spain v Commission
(Case T-266/04)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Withdrawal of fruit and vegetables – Check on all products withdrawn – Arable crops and beef premiums – Period of 24 months
1. Agriculture – EAGGF – Clearance of accounts (Council Regulations Nos 729/70, Art. 5(2)(c) and 1258/1999, Art. 7(4); Commission Regulation No 1663/95, Art. 8(1)) (see paras 98, 105, 122-123, 141-143, 213, 217, 248-250)
2. Acts of the institutions – Regulations – Regulation prescribing specific control measures (see paras 120, 261)
Re:
PARTIAL ANNULMENT of Commission Decision 2004/457/EC of 29 April 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 156, p. 48, corrigendum in OJ 2004 L 202, p. 35), inasmuch as it excludes certain expenditure incurred by Spain.
Operative part
The Court:
1.
Annuls Commission Decision 2004/457/EC of 29 April 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 156, p. 48, corrigendum in OJ 2004 L 202, p. 35), inasmuch as it excludes expenditure incurred by the Kingdom of Spain in the Autonomous Communities of the Basque Region and La Rioja in financial year 1998/1999 relating to arable crops and beef premiums, on the one hand, and expenditure incurred before 22 March 2000 by the Kingdom of Spain in the Autonomous Community of the Basque Region in financial year 1999/2000 relating to arable crops and beef premiums, on the other;
2.
Dismisses the remainder of the action;
3.
Orders each party to bear its own costs.
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