ECLI:EU:T:2003:249

«(EAGGF – Withdrawal of financial assistance – Article 24 of Regulation (EEC) No 4253/88 – Error of assessment – Principle of proportionality – Reasonable duration – Statement of reasons)» Summary of the Judgment 1.. Economic and social cohesion – Structural assistance – Community financing granted for national operations – Withdrawal of financial assistance from the EAGGF on account of irregularities – Commission obliged to demonstrate the existence of irregularities in the carrying out of the project – Beneficiary obliged to demonstrate that the project complied with the applicable provisions – Commission obliged to formulate the various complaints precisely in the letter opening the procedure – Duty of applicants for, and beneficiaries of, EAGGF assistance to provide information and act in good faith (Council Regulation No 4253/88, Art. 24) 2.. Economic and social cohesion – Structural assistance – Community financing granted for national operations – Withdrawal of financial assistance from the EAGGF on account of irregularities – Community and national co-financing of a national project – Legal context of the decision withdrawing the assistance – Community law – Justification on the ground that the project was carried out in accordance with national rules – Not permissible (Council Regulation No 4253/88, Art. 24(2)) 3.. Economic and social cohesion – Structural assistance – Community financing – Commission's right to ask beneficiaries of Community financial assistance for additional information beyond that already supplied 4.. Economic and social cohesion – Structural assistance – Community financing – Withdrawal of financial assistance from the EAGGF on account of irregularities – Commission obliged to give the beneficiary precise indications as to what supporting documents and additional explanations it must provide (Council Regulation No 4253/88, Art. 24) 5.. Economic and social cohesion – Structural assistance – Community financing – Withdrawal of financial assistance from the EAGGF on account or irregularities – Obligation on the Commission to verify whether an operation has actually been carried out – None (Council Regulation No 4253/88, Art. 24) 6.. Community law – Principles – Proportionality – Withdrawal of financial assistance from the EAGGF on account of irregularities – Decision to withdraw assistance partially vitiated by errors of assessment – Annulment of the decision in its entirety – Commission's obligations in the light of the proportionality principle (Art. 233 EC; Council Regulations Nos 2052/88 and 4253/88, Art. 23) 7.. Economic and social cohesion – Structural assistance – Community financing – Procedure for withdrawing financial aid – Obligations of the Commission – Duty to act within a reasonable time – Criteria for assessment – Breach – Consequences (Council Regulation No 4253/88, Art. 24) JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)30 September 2003 (1) ((EAGGF – Withdrawal of financial assistance – Article 24 of Regulation (EEC) No 4253/88 – Error of assessment – Principle of proportionality – Reasonable duration – Statement of reasons)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber), having regard to the written procedure and further to the hearing on 1 July 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Third Chamber) Lenaerts Azizi Jaeger H. Jung K. Lenaerts Registrar President 1 – Language of the case: Greek.