Agriculture - EAGGF - Discontinuance of financial aid - Statement of reasons - Error of assessment as to the facts - Article 24 of Regulation (EEC) No 4253/88 - Principle of proportionality.

«(Agriculture – EAGGF – Discontinuance of financial aid – Statement of reasons – Error of assessment as to the facts – Article 24 of Regulation (EEC) No 4253/88 – Principle of proportionality)» Summary of the Judgment 1.. Agriculture – Common agricultural policy – Structural reform – Common measures – Improvement of the conditions under which agricultural products are processed and marketed – Obligation on the beneficiary to carry out an EAGGF-financed operation correctly – Main line financed idle for over two years – Breach – Temporary constraints not relevant (Council Regulation No 355/77, Arts 9(1) and 10(c)) 2.. Agriculture – Common agricultural policy – Structural reform – Common measures – Improvement of the conditions under which agricultural products are processed and marketed – Examination of projects for the improvement or rationalisation of the processing and marketing of those products – Exclusive competence of the Commission (Council Regulations Nos 355/77, Arts 1(3), 3 and 9, and 4253/88, Art. 14(3)) 3.. Economic and social cohesion – Structural assistance – Community financing – Withdrawal of financial assistance from the EAGGF on account of irregularities – Whether permissible (Council Regulation No 4253/88, Art. 24(2)) 4.. Agriculture – Common agricultural policy – Structural reform – Common measures – Improvement of the conditions under which agricultural products are processed and marketed – EAGGF financial assistance discontinued for breach of fundamental obligations – Proportionality (Art. 5, third para., EC; Council Regulation No 355/77, Art. 10(c)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)11 December 2003 (1) ((Agriculture – EAGGF – Discontinuance of financial aid – Statement of reasons – Error of assessment as to the facts – Article 24 of Regulation (EEC) No 4253/88 – Principle of proportionality)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 3 June 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) García-Valdecasas Lindh Cooke H. Jung P. Lindh Registrar President 1 – Language of the case: Italian.