The Greek Court of Audit rules that a money order issued pursuant to a regulation concerning standard fees paid to farmers participating in an EU Community programme, does not infringe upon Art. 87 EC (Service of Financial Control)

Factual Background The Service of Financial Control (Õðçñåóßá Äçìïóéïíïìéêïý ÅëÝã÷ïõ) of the Hellenic Ministry of Rural Development and Food issued a money order for the financial year 2006 concerning the prepayment of an amount of about €550.000 to the operators of agricultural holdings participating in the Community programme “Farm Accountancy Data Network” (FADN), concerning the keeping of accountancy data on the incomes and business operation of their holdings. The Commissioner of the Court of Audit in the Ministry of Rural Development refused to authorise the money order, claiming that: (i) the expenditure ordered is not provided for by a special provision of law; and (ii) in any event, it constitutes a State aid within the scope of application of Articles 87 and 88 EC. The