(Case T‑469/09)

EAGGF — Guarantee Section — Expenses excluded from Community financing — Tomato processing and rice storage sectors — Integrated administration and control system for certain Community aid schemes — Principle of proportionality

3. Acts of the institutions — Regulations — Regulation prescribing specific control measures — No discretion of the Member States — Non-implementation — Justification — Other control system as effective or better — Not permissible (see para. 80)

5. Agriculture — Common agricultural policy — EAGGF financing — Grant of aids and subsidies — Obligation of Member States to organise an efficient system of administrative controls and on-the-spot checks — Failure to fulfil obligations — Justification based on practical difficulties — Not permissible (see paras 150‑152)

Re:

APPLICATION of annulment of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2009 L 257, p. 28).

Operative part

The Court:

1.Dismisses the action;

2.Orders the Hellenic Republic to pay the costs.