Avis juridique important

61988J0010

European Court reports 1990 Page I-01229 Pub.RJ Page Pub somm

Summary

1 . Agriculture - Common organization of the markets - Beef and veal - Birth premiums for calves - Processing of applications by the authorities in the Member States - Time-limit not specified by the Community rules - Observance of a period which is reasonable in the light of the purpose of the premiums scheme

( EEC Treaty, Art . 5; Council Regulations Nos 1201/82 and 1215/83; Commission Regulation No 1262/83, Art . 1 )

2 . Community law - Principles - Legal certainty - Rules which may entail financial consequences - Time-limit for Member States to process applications for premiums financed by the EAGGF - Determination thereof and notification in due time

Summary

1 . By virtue of the principle of cooperation between national and Community administrations laid down by Article 5 of the Treaty with a view to guaranteeing the proper application of Community law in the interests of economic agents, national administrations are required to ensure that the purpose of the Community rules on birth premiums for calves, that is to say to improve the economic situation of producers when prices are rather low, is achieved. They are therefore required to process applications within a period which is reasonable in the light of that aim, as laid down by Regulations Nos 1201/82 and 1215/83, even if no such period is laid down in the implementing rules adopted by the Commission. Accordingly, the latter may indicate to the Member States concerned what it considers to be a reasonable period.

2 . As the Court has consistently held, ( see most recently the judgment of 13 March 1990 in Case C-30/89 Commission v France (( 1990 )) ECR 691 ), certainty and foreseeability are requirements which must be observed all the more strictly in the case of rules liable to entail financial consequences. If, therefore, the Commission decides to attach financial consequences to failure by the national authorities to process applications for premiums financed by the EAGGF within a reasonable period, the principles of good administration require that it inform the Member States concerned of what that period may be in due time.

Parties

In Case C-10/88

Italian Republic, represented by Luigi Ferrari Bravo, Head of the Diplomatic Contentious Affairs Department at the Ministry of Foreign Affairs, acting as Agent, assisted by Oscar Fiumara, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

applicant,

Commission of the European Communities, represented by its Legal Advisers, Peter Karpenstein and Giuliano Marenco, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for a declaration that Commission Decision 87/541/EEC of 21 October 1987 amending Decisions 87/468/EEC and 87/469/EEC on the clearance of the accounts presented by the Member States in respect of the EAGGF, Guarantee Section, expenditure for 1984 and 1985 ( Official Journal L 324, p . 32 ) is partly void,

composed of : Sir Gordon Slynn, President of Chamber acting as President of the Court, C . N . Kakouris ( President of Chamber ), T . Koopmans, G . F . Mancini, T . F . O' Higgins, G . C . Rodríguez Iglesias and M . Diez de Velasco, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Declares void Commission Decision 87/541/EEC of 21 October 1987 amending Decisions 87/468/EEC and 87/469/EEC on the clearance of the accounts presented by the Member States in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1984 and 1985, in so far as the Commission refused to charge to the EAGGF for 1985 an amount of LIT 19 045 553 222 presented by the Italian Republic in respect of payments of birth premiums for calves ( 1983/84 );

( 2 ) Orders the Commission to pay the costs .