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Judgment of the General Court (Sixth Chamber) of 28 October 2010.#Kingdom of Spain v European Commission.#EAGGF - Guarantee Section - Expenditure excluded from Community financing - Production aid intended for tomato processors - Spot checks over sufficient periods - Proportionality.#Case T-227/07.
ECLI:EU:T:2010:456
62007TJ0227
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(Case T-227/07)
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Production aid intended for tomato processors – Spot checks over sufficient periods – Proportionality
3. Acts of the institutions – Regulations – Regulation prescribing specific control measures – No discretion of Member States – Non-implementation – Justification – Better effectiveness of another control system – Not permissible (Commission Regulation No 1535/2003) (see paras 70, 101)
Re:
ACTION for annulment, in part, of Commission Decision 2007/243/EC of 18 April 2007 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 2007 L 106, p. 55).
Operative part
The Court:
1.Dismisses the action;
2.Orders the Kingdom of Spain to pay the costs.