Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-349/97: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — 1993)
Date: 2003-06-21
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Spain, action for annulment (EU), auditing, production aid

21.6.2003

EN

Official Journal of the European Union

C 146/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 8 May 2003

2.

3.

dismisses the remainder of the applcation;

orders the Kingdom of Spain to pay the costs.

(1) OJ C 370 of 6.12.1997.

in Case C-349/97: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1993)

JUDGMENT OF THE COURT

(2003/C 146/01)

(Language of the case: Spanish)

(Sixth Chamber)

of 8 May 2003

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

In Joined Cases C-328/99 and C-399/00: Italian Republic
and SIM 2 Multimedia SpA v Commission of the European
Communities (1)

In Case C-349/97: Kingdom of Spain (Agent: S. Ortiz Vaamon-
de) v Commission of the European Communites (Agent:
X. Lewis, with M. Carro) — application for the annulment, in
so far as it concerns the Kingdom of Spain, of Commission
Decision 97/608/EC of 30 July 1997 amending Decision 97/
333/EC on the clearance of the accounts presented by the
Member States in respect of the expenditure for 1993 of the
Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (EAGGF) (OJ 1997 L 245, p. 20) — the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 8 May 2003, in which it:

1.

annuls Commission Decision 97/608/EC of 30 July 1997
amending Decision 97/333/EC on the clearance of the accounts
presented by the Member States in respect of the expenditure
for 1993 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF) in so far as concerns,
first, the flat-rate correction of 100 % of aid declared concerning
the company N. R. Sevillano and, second, the flat-rate correction
of 10 % of the total eligible expenses for the establishment of
the oil register;

(Action for annulment — Decision 2000/536/EC — State
aid granted to Seleco SpA)

(2003/C 146/02)

(Language of the case: Italian)

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

In Joined Cases C-328/99 and C-399/00, Italian Republic
(Agent: U. Leanza, assisted by O. Fiumara) and SIM 2
Multimedia SpA (represented by A. Vianello) v Commission of
the European Communities (Agent: G. Rozet, assisted by
A. Abate and E. Cappelli): Application, in Case C-328/99, for
annulment of Commission Decision 2000/536/EC of 2 June
1999 concerning State aid granted to Seleco SpA (OJ 2000
L 227, p. 24) and,
in Case C-399/00, for annulment of
Article 2(1) of that decision, in so far as it requires the Italian
Republic to take the necessary measures to recover the aid
granted to Seleco SpA from Seleco Mulimedia Srl with regard
to the part not recoverable from the latter, the Court (Sixth