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Case C-418/06 P: Judgment of the Court (Second Chamber) of 24 April 2008 — Kingdom of Belgium v Commission of the European Communities (Appeal — EAGGF — Arable crop sector — Clearance of EAGGF accounts — Reliable and operational inspection system — Expenditure excluded from Community financing — Flat-rate correction — Retrospective application of the rules relating to checks — Implicit obligations — Principle of proportionality — Legal certainty — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62006CA0418
62006CA0418
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7.6.2008
Official Journal of the European Union
C 142/7
(Case C-418/06 P)
(Appeal - EAGGF - Arable crop sector - Clearance of EAGGF accounts - Reliable and operational inspection system - Expenditure excluded from Community financing - Flat-rate correction - Retrospective application of the rules relating to checks - Implicit obligations - Principle of proportionality - Legal certainty - Unlimited jurisdiction)
(2008/C 142/09)
Language of the case: French
Parties
Applicant: Kingdom of Belgium (represented by: A. Hubert and L. Van den Broeck, Agents, H. Gilliams, P. de Bandt and L. Goossens, avocats)
Other party to the proceedings: Commission of the European Communities (represented by: M. Nolin and L. Visaggio, Agents)
Re:
Appeal brought against the judgment delivered by the Court of First Instance (Second Chamber) on 25 July 2006 in Case T-221/04 Belgium v Commission, by which the Court of First Instance dismissed the application for partial annulment of Commission Decision 2004/136/EC of 4 February 2004 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 2004 L 40, p. 31), in so far as it imposes a flat-rate correction of 2 % of the expenditure declared by Belgium in respect of arable crops.
Operative part of the judgment
The Court:
1.Dismisses the appeal.
2.Orders the Kingdom of Belgium and the Commission of the European Communities to bear their own costs.
* * *
(1) OJ C 294, 2.12.2006.