Judgment of the Court (Fifth Chamber) of 19 June 2003.
Kingdom of Spain v Commission of the European Communities.
C-329/00 • 62000CJ0329 • ECLI:EU:C:2003:355
- Inbound citations: 23
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- Cited paragraphs: 0
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- Outbound citations: 2
«(EAGGF – Clearance of accounts – Expenditure for 1996 and 1997 – Compensatory aid for banana producers)»
1.. Agriculture – EAGGF – Clearance of accounts – Compensatory aid for banana producers – Disallowance of expenditure arising from irregularities in the application of the Community rules – Financial adjustment provided for in Article 5(2)(c) of Regulation No 729/70 – Temporal scope – Date to be taken into account when calculating the time-limit of 24 months (Council Regulations No 729/70, Art. 5(2)(c), and No 1287/95)
2.. Agriculture – EAGGF – Clearance of accounts – Disallowance of expenditure arising from irregularities in the application of the Community rules – Disputed by the Member State concerned – Burden of proof – Shared by the Commission and the Member State
3.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision relating to the clearance of accounts in respect of expenditure financed by the EAGGF (Art. 253 EC)
JUDGMENT OF THE COURT (Fifth Chamber) 19 June 2003 (1)
((EAGGF – Clearance of accounts – Expenditure for 1996 and 1997 – Compensatory aid for banana producers))
In Case C-329/00,
applicant,
v
defendant,
APPLICATION for the annulment of Commission Decision 2000/449/EC of 5 July 2000 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180, p. 49), in so far as it provides for a financial adjustment in respect of expenditure declared by the Kingdom of Spain by way of compensatory aid for banana producers for the 1995 and 1996 marketing years,
THE COURT (Fifth Chamber),,
composed of: D.A.O. Edward, acting for the President of the Fifth Chamber, A. La Pergola, P. Jann, S. von Bahr (Rapporteur) and A. Rosas, Judges,
Advocate General: J. Mischo,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 3 October 2002,
gives the following
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Arguments of the parties
Findings of the Court
Arguments of the parties
Findings of the Court
Arguments of the parties
Findings of the Court
On those grounds,
THE COURT (Fifth Chamber)
hereby:
Edward
La Pergola
Jann
von Bahr
Rosas
Delivered in open court in Luxembourg on 19 June 2003.
R. Grass
M. Wathelet
Registrar
President of the Fifth Chamber
