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Judgment of the Court of 30 September 2003.

Federal Republic of Germany v Commission of the European Communities.

C-239/01 • 62001CJ0239 • ECLI:EU:C:2003:514

Inbound citations: 41
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Cited paragraphs: 0
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Outbound citations: 5

Keywords

Judgment of the Court of 30 September 2003.

Federal Republic of Germany v Commission of the European Communities.

C-239/01 • 62001CJ0239 • ECLI:EU:C:2003:514

Cited paragraphs only

«(Agriculture – EAGGF – Partial annulment of Regulation (EC) No 690/2001 – Special market support measures in the beef sector – Implementing regulation of the Commission providing for compulsory co-financing by the Member States)»

1.. Actions for annulment – Purpose – Partial annulment – Conditions – Severability of the contested measures – Objective criterion (Art. 230 EC)

2.. Agriculture – Common organisation of the markets – Beef and veal – Special support measures – Article 5(5) of Regulation No 690/2001 – Compulsory co-financing by the Member States – Illegality (Commission Regulation No 690/2001, Art. 5(5))

JUDGMENT OF THE COURT 30 September 2003 (1)

((Agriculture – EAGGF – Partial annulment of Regulation (EC) No 690/2001 – Special market support measures in the beef sector – Implementing regulation of the Commission providing for compulsory co-financing by the Member States))

In Case C-239/01,

applicant, supported by

intervener,

defendant,

APPLICATION for annulment of Article 5(5) of Commission Regulation (EC) No 690/2001 of 3 April 2001 on special market support measures in the beef sector (OJ 2001 L 95, p. 8), in so far as that provision requires each Member State concerned to finance 30% of the price of the meat purchased under that regulation,

THE COURT (Full Court),,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola (Rapporteur), P. Jann, V. Skouris, F. Macken, N. Colneric and S. von Bahr, Judges,

Advocate General: J. Mischo,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 8 April 2003, in which the Federal Republic of Germany was represented by W.-D Plessing and T. Lübbig, Rechtsanwalt, and the Commission by D. Booß and M. Niejahr,

after hearing the Opinion of the Advocate General at the sitting on 3 June 2003,

gives the following

The EC Treaty

The regulations on the financing of the common agricultural policy

Regulation (EEC) No 25

Regulation (EEC) No 1883/78

Regulation (EC) No 1258/1999

...4. Expenditure relating to administrative costs and personnel borne by Member States and by recipients of aid from the Fund shall not be taken over by the Fund.

The regulations on the common organisation of the market in beef and veal

Regulation (EC) No 1254/1999

Regulation (EC) No 2777/2000

The contested regulation

...

The Member State concerned shall finance the remaining 30% as well as all costs related to the operations under Articles 6, 7, 8 and 9.

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT (Full Court)

hereby:

Rodríguez Iglesias

Puissochet

Wathelet

Schingten

Timmermans

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Delivered in open court in Luxembourg on 30 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President

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