Judgment of the Court (Fifth Chamber) of 19 September 2002 in Case C-377/99: Federal Republic of Germany v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Arable crops)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, Germany, action for annulment (EU), closing of accounts, financial year

C 274/2

EN

Official Journal of the European Communities

9.11.2002

2.

3.

Community law does not prohibit a Member State from
resisting actions for repayment of charges levied in breach of
Community law by relying on a time-limit under national law
of three years, by way of derogation from the ordinary rules
governing actions between private individuals for the recovery of
sums paid but not due, for which the period allowed is more
favourable, provided that that time-limit applies in the same
way to actions based on Community law for repayment of such
charges as to those based on national law.

Community law precludes the adoption by a Member State of
provisions making repayment of a tax held to be contrary to
Community law by a judgment of
the Court, or whose
incompatibility with Community law is apparent from such a
judgment, subject to conditions relating specifically to that tax
which are less favourable than those which would otherwise be
applied to repayment of the tax in question.

( 1) OJ C 226 of 7.8.1999.

the Guarantee Section of the European Agricultural Guidance
and Guarantee Fund (EAGGF) (OJ 1999 L 226, p. 26), in so far
as it imposes on the Federal Republic of Germany a flat-rate
correction of 5 % to the expenditure declared in respect of
financial support in the arable crops sector in Mecklenburg-
Vorpommern, equal to the sum of DEM 30 394 115,33,
instead of 2 %, equal to the sum of DEM 12 157 646,13 —
the Court (Fifth Chamber), composed of: P. Jann, President of
the Chamber, S. von Bahr (Rapporteur), D.A.O. Edward,
A. La Pergola, and C.W.A. Timmermans, Judges; C. Stix-
Hackl, Advocate General; M.-F. Contet, Administrator, for the
Registrar, has given a judgment on 19 September 2002, in
which it:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 366 of 18.12.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 September 2002

in Case C-377/99: Federal Republic of Germany v Com-
mission of the European Communities (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Arable crops)

(2002/C 274/02)

(Language of the case: German)

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

In Case C-377/99, Federal Republic of Germany (Agents:
initially by W.-D. Plessing and C.-D. Quassowski and sub-
sequently W.-D. Plessing and B. Muttelsee-Schön) v Com-
mission of the European Communities (Agents: M. Niejahr and
G. Braun) — application for partial annulment of Commission
Decision 1999/596/EC of 28 July 1999, amending Decision
1999/187/EC on the clearance of the accounts presented by
the Member States in respect of the expenditure for 1995 of

JUDGMENT OF THE COURT

of 17 September 2002

in Case C-413/99 (Reference for a preliminary ruling
from the Immigration Appeal Tribunal): Baumbast, R v
Secretary of State for the Home Department (1)

(Freedom of movement for persons — Migrant worker —
Rights of residence of members of the migrant worker’s
family — Rights of the children to pursue their studies in
the host Member State — Articles 10 and 12 of Regulation
(EEC) No 1612/68 — Citizenship of the European Union —
Right of residence — Directive 90/364/EEC — Limitations
and conditions)

(2002/C 274/03)

(Language of the case: English)

In Case C-413/99: Reference to the Court under Article 234
EC by the Immigration Appeal Tribunal (United Kingdom) for