(Case T-491/09)

EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Premiums in the ovine and caprine meat sector — On-the-spot inspections

3. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision relating to the clearance of accounts in respect of expenditure financed by the EAGGF — Obligation complied with simply by the fact of the close association of the addressee Member State with the decision-making process (Art. 296 TFEU) (see para. 26)

5. Agriculture — Common agricultural policy — EAGGF financing — Grant of aids and premiums — Obligation of Member States to organise an effective system of administrative controls and on-the-spot checks — Implied obligation — Scope (Commission Regulation No 2419/2001, Art. 25(2)(c); Council Directive 92/102, Art. 4(1)(b)) (see para. 80)

Re:

APPLICATION for partial 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 Kingdom of Spain to pay the costs.