Judgment of the Court (Sixth Chamber) of 6 March 2001 in Case C-278/98: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Clearance of accounts — 1994 — Cereals, beef and veal)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Netherlands, action for annulment (EU), budgetary control, closing of accounts

C 173/12

EN

Official Journal of the European Communities

16.6.2001

Tribunal Administrativo (Supreme Administrative Court) (Por-
tugal) for a preliminary ruling in the proceedings pending
before that court between Fazenda Pu´ blica and Fa´brica de
Queijo Eru Portuguesa Lda, intervener Ministério Pu´ blico — on
the interpretation of Council Regulation (EEC) No 1999/85 of
16 July 1985 on inward processing relief arrangements
(OJ 1985 L 188, p. 1) and, in particular, Article 11 thereof —
the Court (Second Chamber), composed of: V. Skouris, Presi-
dent of the Chamber, R. Schintgen (Rapporteur) and N. Colne-
ric, Judges; A. Tizzano, Advocate General; R. Grass, Registrar,
has given a judgment on 22 February 2001, in which it has
ruled:

1. Article 11 of Council Regulation (EEC) No 1999/85 of
16 July 1985 on inward processing relief arrangements is to
be interpreted as applying not only to the conditions or
requirements for the issue of an authorisation under the inward
processing relief arrangements but also to the conditions
imposed by the authorisation on its holder for the use or
functioning of
the
customs authority may unilaterally alter the rate of yield fixed
by it at the time when the authorisation was issued where, while
the arrangements are being used, the rate of yield proves to be
higher than the rate fixed in the authorisation.

those arrangements and, consequently,

2. Neither Regulation No 1999/85 nor the principle of legal
certainty precludes the customs authority from altering unilat-
erally a rate of yield fixed by it in the authorisation even if it is
proved that the customs authority was supervising and con-
trolling the activities of the holder of the authorisation before it
was issued.

(1) OJ C 204 of 17.7.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 March 2001

in Case C-278/98: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(EAGGF — Clearance of accounts — 1994 — Cereals, beef
and veal)

(2001/C 173/19)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-278/98: Kingdom of
the Netherlands (Agents:
M.A. Fierstra and N. Wijmenga) v Commission of the European

Communities (Agent: H. van Vliet) — application for partial
annulment of Commission Decision 98/358/EC of 6 May
1998 on the clearance of the accounts presented by the
Member States in respect of the expenditure for 1994 of the
Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (OJ 1998 L 163, p. 28), in so far as it disallows
expenditure of NLG 16 378 716,63 incurred by the applicant
in connection with the prefinancing of export refunds — the
Court (Sixth Chamber), composed of: C. Gulmann, President
of the Chamber, V. Skouris, J.-P. Puissochet, R. Schintgen and
F. Macken (Rapporteur), Judges; S. Alber, Advocate General;
H.A. Rühl, Registrar, has given a judgment on 6 March 2001,
in which it:

1. Dismisses the application;

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 299 of 26.9.1998.

JUDGMENT OF THE COURT

of 6 March 2001

in Case C-273/99 P: Bernard Connolly v Commission of
the European Communities (1)

(Appeal — Officials — Disciplinary proceedings — Suspen-
sion — Statement of reasons — Alleged misconduct —
Articles 11, 12 and 17 of the Staff Regulations — Equal
treatment)

(2001/C 173/20)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-273/99 P: Bernard Connolly, a former official of
the Commission of the European Communities, residing in
London, United Kingdom, represented by J. Sambon and
P.-P. van Gehuchten, avocats, with an address for service in
Luxembourg, appeal against the judgment of the Court of First
Instance of the European Communities (First Chamber) of
19 May 1999 in Case T-203/95 Connolly v Commission
[1999] ECR-SC I-A-83 and II-443, seeking to have that