Judgment of the General Court (First Chamber) of 28 September 2011 – Greece v Commission

(Case T-352/05)

EAGGF – Guarantee section – Expenditure excluded from Community financing – Specific measures for certain agricultural products in favour of the minor islands of the Aegean Sea – Fruit and vegetables – Raw tobacco – Goat and sheepmeat – Non-compliance with payment deadlines – Proportionality – Increase in flat-rate correction for recurrent weaknesses

1.                     Agriculture – Common agricultural policy – EAGGF financing – Grant of aids and premiums – Obligation on Member States to organise an effective system of administrative controls and on-the-spot checks (Council Regulations No 1258/1999 and No 3508/92) (see paras 91-93)

2.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (Council Regulation No 1258/1999) (see paras 94-97, 110-111, 168)

3.                     European Union law – Principles – Force majeure – Concept (see paras 122-124, 199)

4.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (Council Regulation No 1258/99, Art. 7(4); Commission Regulation No 296/96, Art. 4(2)) (see paras 129-131, 167)

5.                     Agriculture – Common agricultural policy – EAGGF financing – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of Community rules (Council Regulation No 1258/99; Commission Regulation No 296/96, Art. 4(2)) (see paras 144-148, 203)

6.                     Agriculture – Common agricultural policy – EAGGF financing – Grant of aids and premiums – Obligation on Member States to organise an efficient system of administrative controls and spot checks (Council Regulation No 3508/92, Arts 9a(1) and 13(1)(d); Commission Regulation No 2848/98, Art. 45, first para.,(a)) (see paras 231, 234-238)

7.                     Acts of the institutions – Regulations – Regulation prescribing specific control measures – No Member State discretion (see para. 241)

Re:

Operative part

The Court: