Case C-54/02: Action brought on 14 February 2002 by the Italian Republic against the Commission of the European Communities
Date: 2002-04-20
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Italy, action for annulment (EU), application of EU law

C 97/6

EN

Official Journal of the European Communities

20.4.2002

Action brought on 14 February 2002 by the Italian
Republic against the Commission of the European Com-
munities

The Italian Government considers that it is constrained to
challenge the Commission’s decision in order to prevent the
definitive nature of that decision from constituting an obstacle
to the effects of the judgment to be delivered in Case C-231/00.

(Case C-54/02)

(2002/C 97/12)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 14 February 2002 by the Italian Republic,
represented by Umberto Leanza, acting as Agent, assisted by
Gianni De Bellis, avvocato dello Stato.

The applicant claims that the Court should:

— annul Commission Decision 2001/889/EC of 12 Decem-

ber 2001 in so far as it:

(a)

(b)

(c)

(d)

provides for a reduction in the advances on agricul-
tural expenditure, taking into account the interest
relating thereto;

alternatively, provides definitively rather than provi-
sionally for a reduction in the advances on agricultu-
ral expenditure, taking into account the interest
relating thereto;

to

fails
reimburse
LIT 45 145 363 199
same having been improperly withheld;

to
(EUR 23 315 634,29),

Italy

the

sum of
the

incorrectly determines the amount of any interest
which may be due to the Fund without taking
account of the reductions made in the advances;

the definitive nature of

In addition to challenging the reduction in the advances and
the Commission’s
in any event
determination, the Italian Government seeks annulment of the
contested decision on the ground that it infringes Articles 3, 5
and 8 of Regulation (EEC) No 729/70 (1) and inasmuch as (in
relation to the 1995/96 period) it provides for reductions in
advances which are greater than the levies which are to be paid
to it.

1995/96 and 1996/97 periods: claim for default interest

In calculating the amount of the interest due on the additional
levy payable each month for the period following the prescri-
bed date (1 September 1996 and 1 September 1997 respecti-
vely), the Commission has correctly excluded from the capital
sum the amounts declared to the EAGGF from 1 September
1996 (and 1997) to December 2001; however, it has not
taken account of the reductions in the advances made in the
course of 1997.

For the 1995/96 period, the Commission, working on the
basis of the reductions in the advances granted to Italy for
agricultural expenditure, has already obtained for the assets of
the Fund the entire amount of the additional levies (indeed, the
reduction in the advance was even greater).

Likewise, the reduction in the advances for the 1996/97
period, although not sufficient to cover the entire amount of
the additional levies, was not taken into account in the interest
calculation.

— order the Commission of the European Communities to

pay the costs.

(1) OJ, English Special Edition 1970(1), p. 218.

Pleas in law and main arguments

1996/97 period: reduction in advances and refusal of financing

In Case C-231/00 Lattepiù the Tribunale Amministrativo
Regionale per il Lazio has referred for a preliminary ruling
under Article 234 EC a question on the correct interpretation
of the Community rules applicable in the matter and on
whether the national rules should be disapplied. In those
circumstances, the Commission’s decision to exclude certain
expenditure by Italy from Community financing appears
unacceptable on account of its definitive nature, which does
not seem to take account of the question referred for a
preliminary ruling in the pending Case C-231/00, referred to
above.

Action brought on 22 February 2002 by Commission of
the European Communities against Portuguese Republic

(Case C-55/02)

(2002/C 97/13)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
the European
22 February 2002 by the Commission of
Communities, represented by Jörn Sack and Miguel França,
acting as Agents, with an address for service in Luxembourg.