Judgment — ECLI:EU:C:2012:807
Date: 2012-12-13
Language of the case: French
Court formation: Fourth Chamber
Subject matter: Agriculture and Fisheries;Financial provisions;Wine;Own resources
Procedure: Reference for a preliminary ruling
Origin: France

Summary — Judgment of the Court (Fourth Chamber), 13 December 2012 1. Agriculture — Common organisation of the markets — Wine — Aid for the private storage of grape musts — Impossibility of establishing the Community origin of the grapes due to non-existence of the alleged vendor thereof — Consequence — Absence of right to aid (Council Regulation No 822/87, as amended by Regulation No 2253/88, Art. 32(2)) 2. The European Union’s own resources — Regulation on the protection of the European Union’s financial interests — Irregularity — Concept — Breach, by a producer benefiting from aid for the private storage of grape musts, of the obligation laid down by Regulation No 822/87 regarding the Community origin of those goods — Inclusion — Application of an administrative measure where there are no national or Union provisions providing for a penalty (Council Regulation No 1059/83, as amended by Regulation No 2646/1999, Art. 17(1)(b); Council Regulations Nos 822/87, as amended by Regulation No 2253/88, and 2988/95, Arts 1, 4(1) and 5) 1. As regards the system of aid for the private storage of grape musts established by Regulation No 822/87 on the common organisation of the market in wine, as amended by Regulation No 2253/88, where the non-existence of the company alleged to have sold grape musts means that the Community origin of the grape musts cannot be established, the producer who has acquired those grape musts from that company cannot, on any view, benefit from a storage aid under Regulation No 822/87. Only the storage of grape musts of Community origin may be the subject of such aid. Furthermore, in accordance with Article 32(2) of that regulation, such aid is granted subject to the conclusion by the producer, with one or more intervention agencies, of one or more storage contracts, the validity of which is a condition for the eligibility of that aid. (see paras 28, 31, 51, 59, operative part 1) 2. The non-compliance with the obligation regarding the Community origin of the grape musts under the system of aid for the private storage thereof established by Regulation No 822/87 on the common organisation of the market in wine, as amended by Regulation No 2253/88, comes under the concept of ‘irregularity’ within the meaning of Article 1 of Regulation No 2988/95, on the protection of the European Communities financial interests. In that regard, Article 17(1)(b) of Regulation No 1059/83 on storage contracts for table wine, grape must, concentrated grape must and rectified concentrated grape must, as amended by Regulation No 2646/1999, cannot constitute a legal basis for the purposes of punishing a breach connected with Community origin. That provision is intended to apply to proceedings concerning irregularities in relation to the performance of a storage contract and which are less serious than those referred to in Article 17(1)(a). On the other hand, Article 17(1)(b) of that regulation cannot be applied to punish serious defects affecting the very validity of a storage contract presented in support of a storage aid application, which directly affect the eligibility of the producer for storage aid. In the absence of a penalty imposed both by sectoral rules and national rules, such an irregularity cannot be subject to a ‘penalty’ within the meaning of Article 5 of Regulation No 2988/95. However, in circumstances where the irregularities found result in the storage contract on the basis of which the storage aid had been paid not being regarded as having been validly concluded for the purposes of obtaining that aid, the national authorises are required to apply an administrative measure, within the meaning of the first indent of Article 4(1) of Regulation No 2988/95, which requires repayment of the aid unduly received. (see paras 45, 52, 58, 62, 67, 72, operative part 2)