Official Journal of the European Union

C 141/38

Judgment of the Court of First Instance of 30 April 2009 — Spain v Commission

(Case T-281/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Compensatory aid for banana producers - Irregularities in quality controls - Type of financial correction applied - Proportionality)

2009/C 141/77

Language of the case: Spanish


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: Commission of the European Communities (represented by: F. Jimeno Fernández, Agent)


Partial annulment of Commission Decision 2006/554/EC of 27 July 2006 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 2006 L 218, p. 12) in so far as it provides for a financial correction applicable to expenses declared by the Kingdom of Spain pursuant to compensatory aid for banana producers for the financial years 2002 and 2003.

Operative part of the judgment

The Court:


Dismisses the action;


Orders the Kingdom of Spain to pay the costs.

(1)  OJ C 294, 2.12.2006.