2.9.2006

Official Journal of the European Union

C 212/34

Action brought on 6 July 2006 — Italian Republic v Commission

(Case T-181/06)

(2006/C 212/62)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: Giacomo Aiello, avvocato dello stato)

Defendant: Commission of the European Communities

Form of order sought

—

Annul Commission Decision 2006/334/EC of 28 April 2006 (C (2006) 1702) in so far as it excludes from Community financing certain expenditure incurred by the Italian Republic under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The Italian Republic has brought an action before the Court of First Instance challenging Commission Decision C (2006) 1702 of 28 April 2006 in so far as it excludes from Community financing certain expenditure incurred by the applicant under the European Agricultural Guidance and Guarantee Fund (EAGGF).

In support of its claims, the applicant alleges infringement and misapplication of:

—	Article 11(1)(c)(4), Article 13(2), Article 15(4)(a), Article 30(1) and (2), and Article 51 of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (OJ 1996 L 297 of 2.11.1996, p. 19);

—	the third subparagraph of Article 17(2) of Commission Regulation (EC) No 659/97 of 16 April 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards intervention arrangements in the fruit and vegetables sector (OJ 1997 L 100 of 17.4.1997, p. 22);

—

Article 8(2)(c) and (d), Article 8(4)(b) and Article 16(1) of Commission Regulation (EC) No 609/2001 of 28 March 2001 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes, operational funds and Community financial assistance, and repealing Regulation (EC) No 411/97 (OJ 2001 L 90 of 30.3.2001, p. 4);

—	Article 3 of Commission Regulation (EC) No 412/97 of 3 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the recognition of producer organisations (OJ 1997 L 62 of 4.3.1997, p. 16);

—	Articles 6 and 9 of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (OJ 1992 L 391 of 31.12.1992. p. 36).