Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Italy v Commission
(Case T-381/04)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Animal subsidies and rural development – Inadequate national management and control system
1. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision relating to the clearance of accounts in respect of expenditure financed by the EAGGF (Art. 253 EC) (see para. 60)
2. Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 67-68, 73-74)
3. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Regulation No 2988/95 (Council Regulation No 2988/95, Arts 1, 2 and 7) (see paras 80-84)
4. 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 (see paras 95-96, 127, 136-137, 142)
Re:
APPLICATION for partial annulment of Commission Decision 2004/561/EC of 16 July 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 250, p. 21), in so far as it excludes certain expenditure incurred by the Italian Republic in the sectors of animal subsidies and rural development.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Italian Republic to pay the costs.
Top