Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Italy v Commission

(Case T-181/06)

EAGGF – Guarantee Section – Expenditure excluded from Community financing – Financial adjustments – Fruit and vegetables – Dairy products – Arable farming – Rural development – Non-compliance with payment deadlines

1.                     Agriculture – Common organisation of the markets – Fruit and vegetables – Producers’ organisations (Council Regulations No 2988/95, Art. 2(1), and No 2200/96, Art. 13(2)) (see paras 39-47)

2.                     Agriculture – Common organisation of the markets – Fruit and vegetables –Regulation No 2200/96 (Council Regulation No 2200/96, Art. 30(1) and (2); Commission Regulation No 659/97, Art. 17(2)) (see paras 57-61)

3.                     Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules (see para. 65)

4.                     Agriculture – Common agricultural policy – EAGGF financing – Accounts clearance procedure – Conciliation procedure – Opinion of the conciliation body (see para. 68)

5.                     Agriculture – EAGGF – Granting of assistance and premiums – Obligation on Member States to organise an efficient system of administrative and on‑the‑spot controls (see para. 160)

6.                     Agriculture – Common agricultural policy – EAGGF financing – Principles – Refusal to finance irregular expenses (see paras 181-184)

7.                     Agriculture – EAGGF – Granting of assistance and premiums – Obligation on Member States to organise an efficient system of administrative and on‑the‑spot controls – Scope (Commission Regulation No 3887/92, Art. 6(1)) (see para. 195)

Re:

Operative part

The Court: