Case C-48/03: Action brought on 10 February 2003 by the Commission of the European Communities against the Portuguese Republic
Date: 2003-03-22
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, animal nutrition, manufactured feedingstuffs, marketing, national implementing measure

C 70/18

EN

Official Journal of the European Union

22.3.2003

The Applicant submits that the documents communicated to
the Commission constituted an application for final payment
in accordance with Article 52(5) and that in concluding to the
contrary the Commission erred in law and/or made a manifest
error of assessment.

It is also submitted that the Commission’s interpretation of the
Regulation infringes the principles of legal certainty and of
proportionality.

The Applicant submits that if the Commission’s interpretation
of Article 52(5) of the Regulation and/or the Annex to its
Decision C(92) 1358/8 is correct, the absolute nature of those
provisions is contrary to the principle of proportionality.
Furthermore, those provisions contravene the principle of
legal certainty in that they are not sufficiently clearly and
precisely drafted and that, in these circumstances, it is submit-
ted that, by virtue of Article 241 EC, the provisions of the
Regulation and the Decision are inapplicable against the United
Kingdom.

The Applicant maintains that the decision of the Commission
contained in its letter of 22 November 2002 does not disclose
the principle issues of law and of fact upon which it is based
and should therefore be annulled on grounds of lack of
reasoning.

Action brought on 10 February 2003 by the Commission
of the European Communities against the Portuguese
Republic

(Case C-48/03)

(2003/C 70/28)

An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities on
10 February 2003 by the Commission of
the European
Communities, represented by Ana Maria Alves Vieira, acting
as Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 2000/16/EC (1) of the European Parliament and
the Council of 10 April 2000 amending Council Directive
79/373/EEC on the marketing of compound feedingstuffs
and Council Directive 96/25/EC on the circulation of feed
materials, and, in any event, by failing to inform the
Commission thereof, the Portuguese Republic has failed
to fulfil its obligations under the abovementioned direc-
tive;

— Order the Portuguese Republic to pay the costs.

2) T h e D e c i s i o n

r e c o v e r y
t o
9 2 7 2 7 6 7 E u r o s o f E R D F A s s i s t a n c e

s e e k

o f

Pleas in law and main arguments

The Applicant submits that the decision letter of 22 November
2002 by which the Commission notified the United Kingdom
that it was obliged to issue a recovery order for the sum of
9 272 767 Euros should be annulled on the following grounds:

— that

the Commission erred in law and/or erred in
interpretation and/or made a manifest error of assess-
ment;

— that the decision contravened the principles of good
administration, Community solidarity, regional partner-
ship and the principle of cooperation between Com-
munity institutions and Member States (Article 10 EC);

— lack of adequate reasoning.

( 1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (OJ L 161,
26.06.1999, p. 1).

The period for transposition expired on 2 May 2001.

(1) OJ 2000 L 105, p. 36.

Reference for a preliminary ruling by the Cour d’Appel
de Rennes, Septième Chambre by judgment of that Court
of 5 February 2003 in the case of Alain Rousseau against
Association Comité Économique Régional Fruits et
Légumes de Bretagne (CERAFEL)

(Case C-49/03)

(2003/C 70/29)

Reference has been made to the Court of
Justice of the
European Communities by judgment of the Cour d’Appel de