30.8.2008

EN

Official Journal of the European Union

C 223/57

(Case T-274/08)

(2008/C 223/100)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, Avvocato dello Stato)

Defendant: Commission of the European Communities

Form of order sought

—Annul Commission Decision C (2008) 1711 of 30 April 2008 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for the 2007 financial year.

Pleas in law and main arguments

The decision that is the subject of these proceedings is challenged in so far as it charges interest on sums to be borne by the Italian State budget pursuant to Article 32(5) of Regulation (EC) No 1290/05 and, in particular, in so far as it accounts for interest, with effect from the date of payment of sums that are not due, on sums which have not been recovered within eight years of the date of the primary administrative or judicial procedure and where judicial proceedings are pending before the national courts or tribunals, 50 % of which is to be borne by the Member State and 50 % by the Community budget.

In support of its action, the applicant Government claims infringement of Article 32(5) of Regulation (EC) No 1290/05. That measure cannot be interpreted as meaning that, where recovery is being disputed in legal proceedings, interest must be charged, both because the literal wording of paragraph 5 makes no such provision (unlike paragraph 1 of that provision) and because the date from which interest runs can be established only once a judicial finding has been made.