Avis juridique important

Order of the President of the Court of 23 February 1990. - Hellenic Republic v Commission of the European Communities. - Agriculture - EAGGF, Guarantee section - Clearance of accounts - No need to give a decision. - Case C-385/89 R. European Court reports 1990 Page I-00561 Pub.RJ Page Pub somm

Summary Parties Operative part

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Interim measures - Suspension of a measure - Application deprived of its purpose by defendant' s decision not to implement the measure at issue - Ruling unnecessary

( EEC Treaty, Art . 185 )

It is unnecessary to rule on an application for the suspension of a decision of the Commission on the clearance of the accounts presented by a Member State of expenditure financed by the Agricultural Guidance and Guarantee Fund, which the Member State challenges on the ground that the amount disallowed is not correct, if the application has been deprived of its purpose because the Commission has conceded that an error was made, has undertaken to rectify it and has in fact implemented the measure only on the basis of a recalculation of the relevant amount whereby the original error has been eliminated .

In Case C-385/89 R

Hellenic Republic, represented by Konstantinos Stavropoulos, Ilias Laios and Meletios Tsotsanis, legal assistants at the Ministry of Foreign Affairs, the Ministry of the National Economy and the Ministry of Agriculture respectively, acting as Agents, assisted by Joannis Magoulas, legal assistant at the Ministry of Agriculture, with an address for service in Luxembourg at the Greek Embassy, 117 Val Sainte-Croix,

applicant,

v

Commission of the European Communities, represented by Dierk Booss, Legal Adviser, Theofanis Christoforou and Maria Patakia, members of the Commission' s Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, likewise a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for the suspension of Commission Decision 89/627/EEC of 15 November 1989 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1987 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund ( Official Journal L 359, p . 23 ),

the President of the Court of Justice

of the European Communities

( the grounds of the judgment are not reproduced )

makes the following order :

( 1 ) It is not necessary to give a ruling .

( 2 ) Costs are reserved .