Case C-501/01: Action brought on 24 December 2001 by the Kingdom of the Netherlands against the Commission of the European Communities
Date: 2002-04-06
Institutions: Court of Justice
Subjects: EU aid, European Commission, Netherlands, action for annulment (EU), animal plague, swine

6.4.2002

EN

Official Journal of the European Communities

C 84/49

Action brought on 17 December 2001 by the Commission
the United
of

the European Communities against

Kingdom

(Case C-489/01)

(2002/C 84/84)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 17 December
2001 by the Commission of the European Communities,
represented by Ms Christina Tufvesson, acting as agent, with
an address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by failing to adopt the laws, regulations and
administrative provisions necessary to comply, as regards
the territory of Gibraltar, with Directive 97/9/EC (1) of the
European Parliament and of the Council of 3 March 1997
on investor-compensations schemes, or, in any case, by
not notifying these measures to the Commission, the
United Kingdom has failed to fulfil its obligations under
Article 15 of this Directive;

2)

order the United Kingdom to pay the costs.

Pleas in law and main arguments

Article 249 EC, under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 26 September 1998 without the United Kingdom
having enacted the provisions necessary to comply with the
directive referred to in the conclusions of the Commission, as
regards the territory of Gibraltar.

Communities on 24 December 2001 by the Kingdom of the
Netherlands, represented by H.G. van Sevenster, C.M. Wissels
and J. van Bakel, acting as Agents.

The applicant claims that the Court should: annul the contested
decision (1) in so far as the Community financial contribution
fixed for the eradication of classical swine fever in the
Netherlands in 1998 represents a reduction of 25 % in
the compensation paid to livestock farmers, and order the
Commission to pay the costs.

Pleas in law and main arguments

— Incorrect factual basis: none of the six files selected by the
Commission contains any mention of any irregularities
which might be of a repetitive and systematic nature and
which might form the factual basis for the imposition of
a reduction.

— Infringement of the law: Council Decision 90/424/EEC
on expenditure in the veterinary field (2) makes no
provision for the application of a general reduction. The
concept of ‘adequate’ compensation (seventh indent in
Article 3(2) of Decision 90/424/EEC) is not defined in
Directive 80/217/EEC or in Decision 90/424/EEC or
anywhere else in Community law. The Commission’s
assertion that,
the concept of
in the application of
adequate compensation as interpreted by the Netherlands,
too high a value was placed on swine, disregards the
content and scope of the applicable Netherlands rules.
In addition,
the Commission incorrectly ignores the
discretionary power in the matter which is enshrined in
the Community rules.

(1) OJ L 84, 26.3.1997, p. 22.

— Violation of the principle of proportionality.

Action brought on 24 December 2001 by the Kingdom of
the Netherlands against the Commission of the European
Communities

— Violation of the principle of legal certainty.

— Non-compliance with the obligation to provide a state-

ment of reasons.

(Case C-501/01)

(2002/C 84/85)

(1) Commission Decision 2001/739/EC of 17 October 2001 on the
total amount of Community aid for the eradication of classical
swine fever in the Netherlands in 1998.

(2) OJ 1990 L 224, p. 19.

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European