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16.9.

2006 EN Official Journal of the European Union C 224/37

Judgment of the Court of First Instance of 25 July 2006 — Judgment of the Court of First Instance of 13 July 2006 —
Belgium v Commission Italy v Commission

(Case T-221/04) (1) (Case T-225/04) (1)

(EAGGF — Clearance of accounts — Arable crops — Check (Structural Funds — Financing of Community initiatives —
on areas based on a system of aerial orthoimagery (GIS) — Amendment of indicative allocations — Enforcement of the
Difference between the area declared and the area resulting final judgment — Annulling judgment)
from the GIS system — Administrative check and inspection
on site — Loss to EAGGF)
(2006/C 224/80)
(2006/C 224/79)
Language of the case: Italian
Language of the case: French

Parties
Parties

Applicant: Italian Republic (represented by: A. Cingolo, P.


Applicant: Kingdom of Belgium (represented by: initially, A. Gentili and D. Del Gaizo, and subsequently by P. Gentili and D.
Goldman and E. Dominkovits, Agents, subsequently M. Del Gaizo, avvocati dello Stato, acting as Agents)
Wimmer, Agent, assisted by H. Gilliams, P. de Bandt and
L. Goossens, lawyers)
Defendant: Commission of the European Communities (repre-
sented by: E. de March and J. Flynn, Agents, and A. Dal Ferro,
Defendant: Commission of the European Communities (repre-
lawyer)
sented by: M. Nolin and L. Visaggio, Agents)

Re: Re:

Application for partial annulment of Commission Decision Application for annulment of Commission Decision C (2003)
2004/136/EC of 4 February 2004 excluding from Community 3971 final of 26 November 2003 establishing indicative alloca-
financing certain expenditure incurred by the Member States tions between the Member States of the commitment appro-
under the Guarantee Section of the European Agricultural priations under Community initiatives for the period 1994-
Guidance and Guarantee Fund (EAGGF) (OJ 2004 L 40, p. 31), 1999 and of all related prior measures
in so far as it imposes a flat-rate correction of 2 % of the
expenses declared by Belgium in respect of arable crops.

Operative part of the judgment


Operative part of the judgment
The Court:
The Court:
1. Dismisses the application;
1. Dismisses the action.
2. Orders the applicant to bear its own costs and the costs of the
2. Orders the Kingdom of Belgium to pay the costs. defendant.

(1) OJ C 118, 30.4.2004 (Case C-176/04). (1) OJ C 106, 30.4.2004 (Case C-60/04).