JUDGMENT OF THE COURT

(Fifth Chamber)

4 March 2004

In Case C-344/01: Federal Republic of Germany v Commission of the European Communities (1)

(EAGGF - Expenditure excluded from Community financing - Suckler cow premium - Checks carried out by the Commission in certain Länder - Extrapolation of findings to other Länder - Burden of proof - Duty of cooperation in good faith)

(2004/C 94/06)

Language of the case: German

In Case C-344/01: Federal Republic of Germany (Agents: W.-D. Plessing and M. Lumma) against Commission of the European Communities (Agent: M. Niejahr), with an address for service in Luxembourg: APPLICATION for the annulment of Commission Decision 2001/557/EC of 11 July 2001excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2001 L 200, p. 28), in so far as it makes financial corrections in respect of suckler cow premiums granted in 1995 and 1996, which correspond to the 1996 and 1997 financial years, the Court (Fifth Chamber), composed of: C.W.A. Timmermans (Rapporteur), acting for the President of the Fifth Chamber, A. Rosas and A. La Pergola, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 4 March 2004, in which it:

(1)  OJ C 317 of 10.11.2001.