1.8.2009   

EN

Official Journal of the European Union

C 180/43


Judgment of the Court of First Instance of 19 June 2009 — Spain v Commission

(Case T-369/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Aids for restructuring and conversion in the wine sector - Aids for the improvement of the production and marketing of honey - Concept of loss of revenue due to implementation of the plan - Article 13(1)(a) of Regulation (EC) No 1493/1999 - Concept of intervention intended to stabilise the agricultural markets - Article 2(2) of Regulation (EC) No 1258/1999)

2009/C 180/78

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: F. Díez Moreno, lawyer)

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

Re:

Application for the partial annulment of Commission Decision 2005/555/EC of 15 July 2005 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 2005 L 188, p. 36), in so far as it excludes certain expenditure incurred by Spain in the wine and honey sectors.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 296, 26.11.2005.