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Case T-426/08: Judgment of the General Court of 9 October 2012 — Italy v Commission (EAGGF — Guarantee Section — EAGF — Expenditure excluded from financing — Fruit and vegetables — Sugar — Processing of citrus fruits — Milk — Arable crops — Flat-rate financial correction — Proportionality — Obligation to state reasons — No error of assessment)

ECLI:EU:UNKNOWN:62008TA0426

62008TA0426

October 9, 2012
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24.11.2012

Official Journal of the European Union

C 366/28

(Case T-426/08) (1)

(EAGGF - Guarantee Section - EAGF - Expenditure excluded from financing - Fruit and vegetables - Sugar - Processing of citrus fruits - Milk - Arable crops - Flat-rate financial correction - Proportionality - Obligation to state reasons - No error of assessment)

2012/C 366/52

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, agent)

Defendant: European Commission (represented by: P. Rossi and F. Jimeno, agents)

Re:

Application for annulment of Commission Decision 2008/582/EC of 8 July 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 186, p. 39), in so far as it excludes from Community financing EUR 174 704 912,66 of expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Italian Republic to bear its own costs and those incurred by the European Commission.

(1) OJ C 301, 22.11.2008.

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