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Document 62005TJ0368
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009 — Austria v Commission
(Case T-368/05)
‛EAGGF — Guarantee Section — Expenditure excluded from Community financing — Cattle premium — Suckler cow premium — Payment for extensification — Key controls — Duty to use a computerised geographical information system — Control of Alpine forage areas — Duty to cooperate — Duty to state reasons — Type of financial correction applied — Extrapolation of the findings of default’
1. |
Agriculture — EAGGF — Clearance of accounts — Disallowance of expenditure arising from irregularities in the application of the Community rules (Council Regulation No 1258/1999) (see paras 71, 72, 116, 117) |
2. |
Agriculture — Common agricultural policy — EAGGF financing — Grant of aids and premiums — Obligation of Member States to organise an effective system of administrative controls and on-the-spot checks — Scope (Art. 10 EC; Council Regulations Nos 3508/92, Art. 8, and 1258/1999, Art. 8(1); Commission Regulation No 3887/92, Arts 6(1) and 9(2)) (see paras 78-88) |
3. |
Member States — Obligations — Duty of loyal cooperation with the Community institutions — Reciprocity (Art. 10 EC; Council Regulation No 1258/1999, Art. 8(1)) (see paras 128-131) |
4. |
Agriculture — Common agricultural policy — EAGGF financing — Accounts clearance procedure — Conciliation procedure — Opinion of the conciliation body — No binding effect (see para. 141) |
5. |
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 paras 148, 149) |
6. |
Agriculture — EAGGF — Clearance of accounts — Disallowance of expenditure arising from irregularities in the application of the Community rules — Financial correction — Assessment of the level of failure to act and the degree of risk for the Fund (Council Regulation No 1258/1999) (see paras 181-184) |
7. |
Agriculture — EAGGF — Clearance of accounts — Disallowance of expenditure arising from irregularities in the application of Community rules — Extrapolation of findings of deficiencies in the control system of a Member State from one region to other regions (Council Regulation No 1258/1999) (see paras 199-201) |
Re:
ANNULMENT of Commission Decision 2005/555/EC of 15 July 2005 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 2005 L 188, p. 36), inasmuch as it excluded certain expenditure by the Republic of Austria.
Operative part
1. |
Dismisses the action; |
2. |
Orders the Republic of Austria to pay the costs. |