Judgment of the Court (Sixth Chamber) 18 April 2002 in Case C-332/00: Kingdom of Belgium v Commission of the European Communities (Action for annulment — Clearance of EAGGF accounts — Non-recognition of expenditure — Financial years 1995 to 1997)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Belgium, EAGGF Guarantee Section, action for annulment (EU), agricultural expenditure, butter, closing of accounts, cream, discount sale, farm price support, food processing

C 144/8

EN

Official Journal of the European Communities

15.6.2002

which the insured person received a disability pension under a
national accident insurance scheme, without providing for the
possibility of a prolongation of that period where a benefit of
such a kind was paid under the legislation of another Member
State.

4. Article 9a of Regulation No 1408/71, as amended and
updated by Regulation No 118/97, a provision which is
incompatible with Articles 48(2) and 51 of the EC Treaty in
so far as it excludes the possibility of taking into account, for
the purposes of the prolongation of the reference period under
the legislation of a Member State, the periods during which
industrial accident benefits were paid under the legislation of
another Member State, is invalid.

(1) OJ C 285 of 7.10.2000.

concentrated butter intended for the manufacture of pastry
products, ice-cream and other foodstuffs and, second, partial
annulment of Commission Decision 2000/449/EC of 5 July
2000 excluding from Community financing certain expendi-
ture incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2000 L 180, p. 49) in so far as it excludes
from Community financing expenditure in the amount of
EUR 160 225 645 and EUR 3 188 322 respectively incurred
by the Kingdom of Belgium in the context of aid for the sale at
a reduced price of butter and the grant of aid for concentrated
butter intended for the manufacture of pastry products, ice-
(Sixth Chamber),
cream and other foodstuffs,
composed of: F. Macken, President of the Chamber, C. Gul-
mann, J.-P. Puissochet, R. Schintgen and J. N. Cunha Rodrigues
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; L. Hew-
lett, Administrator, for the Registrar, has given a judgment on
18 April 2002, in which it:

the Court

1. Dismisses the application;

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

JUDGMENT OF THE COURT

(1) OJ C 355 of 9.12.2000.

(Sixth Chamber)

18 April 2002

in Case C-332/00: Kingdom of Belgium v Commission of
the European Communities (1)

JUDGMENT OF THE COURT

(Action for annulment — Clearance of EAGGF accounts —
Non-recognition of expenditure — Financial years 1995 to
1997)

(Fourth Chamber)

7 May 2002

(2002/C 144/11)

(Language of the case: French)

in Case C-364/00: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

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

(Failure by a Member State to fulfil its obligations —
Directive 97/70/EC — Failure to implement within the
prescribed period)

In Case C-332/00, Kingdom of Belgium (Agent: A. Snoecx) v
Commission of the European Communities (Agents: A. Bordes
and M. Niejahr): Application for, first, annulment of Com-
mission Decision 2000/448/EC of 5 July 2000 amending
Decision 1999/187/EC on the clearance of
the accounts
presented by the Member States in respect of the expenditure
for 1995 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,
p. 46) in so far as it excludes from Community financing
expenditure in the amount of BEF 50 763 827 incurred by the
Kingdom of Belgium in the context of aid for the sale at a
reduced price of butter and the grant of aid for butter and

(2002/C 144/12)

(Language of the case: Dutch)

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

In Case C-364/00, Commission of the European Communities
(Agent: T. van Rijn) v Kingdom of the Netherlands (Agent:
J. van Bakel): Application for a declaration that, by failing to