Judgment — ECLI:EU:T:2008:568
Date: 2008-12-11
Language of the case: Greek
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries
Concepts: Controls of wine planting
Procedure: Action for annulment - unfounded
Origin: Greece

Summary of the Judgment Agriculture – Common organisation of the markets – Aid for restructuring and conversion in the wine sector – Fixing of the definitive financial allocations made to Member States (Council Regulation No 1493/1999, Art. 14(1) and (2); Commission Regulation No 1227/2000, Art. 16(1)) It is apparent from the wording of Article 16(1) of Regulation No 1227/2000 laying down detailed rules for the application of Regulation No 1493/1999 on the common organisation of the market in wine as regards production potential as well as from the general scheme and purpose of the rules of which it forms part, that the time-limit laid down by that article is a mandatory time-limit. The binding nature of the time-limit of 10 July, by which Member States must state the expenditure incurred and validated at 30 June and the total area concerned, is clearly borne out by the function of that time-limit, namely to make it possible for the allocations provided for in Article 14(1) and (2) of Regulation No 1493/1999 to be determined effectively so that the indicative financial allocations are adapted, inter alia in view of real expenditure. The binding nature of that time-limit is also borne out by the objective pursued by the statement of expenditure and the areas concerned as that expenditure is linked to the financial year in progress. The date of 10 July is linked to that of 15 October in the same year and it was established to make it possible for the Commission to have the necessary time to adopt and publish the decision fixing the definitive financial allocations provided for in Article 14(2) of Regulation No 1493/1999 before 15 October. In order to enable Member States to make those payments, relating to the expenditure declared under Article 16(1) of Regulation No 1227/2000, before the end of the current financial year and to obtain reimbursement thereof by the Commission before the end of the budgetary year, under the budget headings available for that financial year, the effectiveness of the provisions in question implies that the decision fixing the definitive financial allocations to the Member States for the financial year must be adopted before the end of that year, namely 15 October. (see paras 25, 28-31, 35)