Judgment of the Court of First Instance (Seventh Chamber) of 1 July 2009.#Kingdom of Spain v Commission of the European Communities.#EAGGF - Guarantee Section - Expenditure excluded from Community financing - Fibre flax - Hemp - Bananas - OLAF report - Report of the Court of Auditors - Bilateral meeting under Article 8(1) of Regulation (EC) No 1663/95 - Breach of essential procedural requirements - Abusive practice - Existence of financial harm to the EAGGF.#Case T-259/05.

Subject of the case

Re:

ANNULMENT in part of Commission Decision 2005/354/EC of 29 April 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), Guarantee Section (OJ 2005 L 112, p. 14).

Operative part

Operative part:

The Court:

1. Annuls Commission Decision 2005/354/EC of 29 April 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), in so far as it excludes from Community financing the expenditure by the Kingdom of Spain made under aid granted for the production of hemp in the years 1996/1997 to 1999/2000;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.