This document is an excerpt from the EUR-Lex website
Document 62007TJ0463
Italy v Commission
Italy v Commission
Judgment of the General Court (Eighth Chamber) of 15 July 2014 — Italy v Commission
(Case T‑463/07)
‛EAGGF — Guarantee Section — Expenditure excluded from financing — Premiums for bovines — Olive oil and fats — Dried fodder — Effectiveness of controls — System for penalties’
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Agriculture — EAGGF — Clearance of accounts — Disallowance of expenses arising from irregularities in applying EU rules — Challenge by the Member State concerned — Burden of proof — Allocation between the Commission and the Member State (Council Regulation No 1290/2005, Art. 31) (see paras 12-15, 136, 141, 196, 203) |
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Agriculture — EAGGF — Grant of aids and premiums — Obligation of Member States to organise an effective system of administrative controls and on-the-spot checks — Unreliable controls — Disallowance by the Fund (Commission Regulation No 2419/2001, Art. 15) (see paras 44-46, 187, 188) |
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3. |
Actions for annulment — Contested act — Assessment of legality in the light of the information available at the time of adoption of the measure (Art. 263 TFEU) (see para. 108) |
Re:
Partial annulment of Commission Decision 2007/647/EC of 3 October 2007 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 2007 L 261, p. 28), in so far as that decision excludes certain expenditure incurred by the Italian Republic.
Operative part
The Court:
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1. |
Dismisses the action; |
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Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission. |