OTTAWA - The Conservatives have won their "in-and-out" court battle with Elections Canada over ad spending during the 2006 federal election campaign.

A Federal Court judge today set aside the chief electoral officer's decision to refuse to certify $1.2 million in challenged expenses.

The judgment is a blow to Elections Canada, which argued that national radio and television advertising should have been claimed as expenses by the party rather than by individual candidates.

It means the Tories are entitled to partial reimbursements for the spending.

Elections Canada says it will review the decision before deciding whether to appeal.