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Case T-158/09: Judgment of the General Court of 10 October 2012 — Greece v Commission (EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF — Negligence of the Member State in the recovery of sums wrongly paid — Liability of the Member State for the financial consequences of failure to recover)
ECLI:EU:UNKNOWN:62009TA0158
62009TA0158
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24.11.2012
Official Journal of the European Union
C 366/29
(Case T-158/09) (<span class="super">1</span>)
(EAGGF - ‘Guarantee’ section - Expenditure excluded from financing - Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF - Negligence of the Member State in the recovery of sums wrongly paid - Liability of the Member State for the financial consequences of failure to recover)
2012/C 366/55
Language of the case: Greek
Parties
Applicant: Hellenic Republic (represented by: I. Chalkias, S. Papaïoannou and V. Karra, agents)
Defendant: European Commission (represented by: F. Jimeno Fernández and E. Tserepa-Lacombe, agents, and N. Korogiannakis, lawyer)
Re:
Action for annulment or variation of Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context of clearance of accounts in respect of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), ‘Guarantee’ Section, in certain cases of irregularity by operators, in so far as that decision excludes from Community funding, and imposes on the Hellenic Republic liability for, a sum of EUR 13 348 979,02
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context of clearance of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF) ‘Guarantee’ Section, in certain cases of irregularity by operators, in so far as it closes the files EL/1993/01 and EL/1994/031 and in that regard imposes on the Hellenic Republic liability for the sums of EUR 519 907 and EUR 300 914,99;
2.Dismisses the action for the remainder;
3.Orders the Hellenic Republic to bear four fifths of its own costs and to pay four fifths of the costs of the European Commission.
4.orders the Commission to bear one fifth of its costs and one fifth of the costs of the Hellenic Republic.
(<span class="super">1</span>) OJ C 153, 4.7.2009.