Judgment of the Court of First Instance of 4 September 2009 — Austria v Commission

(Case T-368/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cattle premium - Suckler cow premium - Payment for extensification - Key controls - Duty to use a computerised geographical information system - Control of Alpine forage areas - Duty to cooperate - Duty to state reasons - Type of financial correction applied - Extrapolation of the findings of default)

2009/C 256/38

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: H. Dossi, initially, H. Dossi and C. Pesendorfer, subsequently, and C. Pesendorfer and A. Hable, finally, Agents)

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

Re:

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), inasmuch as it excluded certain expenditure by the Republic of Austria.

Operative part of the judgment

The Court:

(1)  OJ C 296, 26.11.2005.