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:

Operative part

The Court: