Judgment — ECLI:EU:C:2003:603
Date: 2003-11-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: Health problems
Procedure: Action for annulment - unfounded
Origin: Netherlands

Summary of the Judgment 
1. Agriculture — Approximation of laws on health policy — Financial contribution of 
the Community to veterinary measures taken by Member States — Emergency 
I - 13263 
SUMMARY — CASE C-501/01 
measures in the event of the occurrence of certain animal diseases — Commission's 
power to review — Scope — Financial adjustment where the measures adopted are 
inadequate — Where contested by the Member State concerned — Burden of proof 
(Council Decision 90/424) 
2. Agriculture — Approximation of laws on health policy — Financial contribution of 
the Community to veterinary measures taken by Member States — Emergency 
measures in the event of the occurrence of certain animal diseases — Adjustments to 
the Community financial contribution — Limits — Financial aid for the eradication 
of classical swine fever in the Netherlands — Linear adjustment — Principle of 
proportionality — Breach — None 
(Council Decision 90/424; Commission Decisions 2000/362 and 2001/739) 
1. In the context of the application of 
Decision 90/424 on expenditure in the 
veterinary field, the Member States 
have a certain latitude as regards the 
choice of the measures to be taken and 
the manner in which they are to be 
implemented and in that regard the 
Commission cannot substitute its own 
assessment for that of the Member 
State concerned. On the other hand, if 
the Commission, while respecting the 
latitude enjoyed by the Member State 
concerned, has established that that 
State has not taken sufficient steps to 
combat the disease and that a financial 
adjustment must be applied, it is for 
that Member State to prove that the 
Commission has made a manifest error 
of assessment. 
(see para. 20) 
2. Any adjustment to the Community 
financial contribution in the fight 
against classical swine fever by virtue 
of Decision 90/424 on expenditure in 
the veterinary field must not exceed the 
extra costs to which the inadequacies 
in the measures adop ted by the 
Member State concerned gave rise to 
the detr iment of the Communi ty 
budget and for which that State must 
assume responsibility. On the other 
hand, since the Commission is under 
an obligation not to spend Community 
funds improperly, it must take care, 
when making such a financial adjust­
ment, not to reduce the Community 
participation by too small an amount 
by comparison with the inadequacies 
established. Since the finding of inad­
equacies in a situation such as this is 
frequently based on factual evidence 
and extrapolations based on represen­
tative samples, it must therefore be 
recognised that the Commission has a 
considerable discretion when determin­
ing the amount of the financial adjust-
I - 13264 
NETHERLANDS v COMMISSION 
ment. However, the exercise of that 
discretion is still subject to compliance 
with the principle of proportionality. 
As regards, more particularly, Decision 
2001/739 on the total amount of 
Community aid for the eradication of 
classical swine fever in the Netherlands 
in 1998, it cannot be argued that the 
Commission acted disproportionately 
when it applied a linear adjustment and 
thus reduced the Community financial 
contribution by 2 5 % for 1998, like the 
rate established by Decision 2000/362 
on the total amount of Community aid 
for the eradication of classical swine 
fever in the Netherlands in 1997, even 
if it is true that the inadequacies 
established by the Commission for 
1998 were lower than those for 1997. 
Although the Commission, for budget­
ary reasons, had to adopt two different 
decisions, each relating to expenditure 
pertaining to one financial year, it was 
a matter of one and the same epidemic. 
The expenditure for 1998 is therefore 
linked with the expenditure for 1997. 
In those circumstances, it does not 
appear unreasonable to select the same 
rate of adjustment for both financial 
years. 
(see paras 31-37, 39) 
I - 13265