This document is an excerpt from the EUR-Lex website
Document 62005TJ0368
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009. # Republic of Austria v Commission of the European Communities. # 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. # Case T-368/05.
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009.
Republic of Austria v Commission of the European Communities.
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.
Case T-368/05.
Judgment of the Court of First Instance (Third Chamber) of 4 September 2009.
Republic of Austria v Commission of the European Communities.
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.
Case T-368/05.
Thuarascálacha na Cúirte Eorpaí 2009 II-00133*
ECLI identifier: ECLI:EU:T:2009:305
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:
The Court:
1. Dismisses the action;
2. Orders the Republic of Austria to pay the costs.