Case C-185/03: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 April 2003 in the case of Azienda Agricola Schnabl Rosa against A.G.E.A. and COSPALAT F.V.G.
Date: 2003-06-21
Institutions: Court of Justice
Subjects: administrative sanction, agricultural quota, interpretation of the law, milk, milk product

21.6.2003

EN

Official Journal of the European Union

C 146/35

— Reliability of

in particular
the on-the-spot checks,
adequate measurement of agricultural land. In its third
plea in law, Germany rebuts the Commission’s complaint
that Brandenburg did not adequately measure land in the
course of on-the-spot checks, which constitutes a breach
of Article 6(5) of Regulation (EEC) No 3887/92 (3). That
complaint is based, it submits, on factually and legally
incorrect premisses.

— Adequate expansion of the sample coverage of on-the-
spot checks. In its fourth plea in law, Germany deals with
the complaint
that Brandenburg did not adequately
expand the required sample coverage of the on-the-spot
checks within the holdings visited.

— The representative yields for non-food crops on set-aside
land were assessed at a sufficiently high level. In its fifth
plea in law, Germany demonstrates that the Commission’s
complaint — that the representative yields of renewable
raw materials were assessed at too low a level — is
unjustified.

— Lack of precision concerning the financial years to which
expenditure is imputed. In its sixth plea in law, the level
of expenditure imputed by the decision is contested. The
Commission’s decision is in part imprecise and is invalid
in so far as its operative part and the statements in the
Annex concerning an amount of EUR 12 927 107 are
inconsiystent. In the 1999 and 2000 financial years, the
Land of Brandenburg incurred expenditure for crop years
1999 and 2000 of EUR 270 387 968. Applying the flat
rate of 5 % imposed by the Commission, which is
being contested, that results in an imputed amount of
EUR
of
EUR 262 446 505 was
imputed. Consequently an
amount of EUR 12 927 107 was wrongly imputed.

13 519 398. However,

amount

an

— Incorrect risk assessment. Finally, in its seventh plea in
law, it is argued that the declared flat-rate imputation of
risk of 5 % is defective simply because no systematic
administrative or checking errors were the subject of
complaint in Brandenburg in the relevant period. More-
over, the calculation of the alleged loss to the EAGGF was
made using inappropriate methods and arrived at in
breach of Article 10 EC.

( 1) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (OJ 1999 L 160,
p. 103).

( 2) Commission Regulation (EC) No 1663/95 of 7 July 1995 laying
down detailed rules for the application of Council Regulation
(EEC) No 729/70 regarding the procedure for the clearance of the
accounts of the EAGGF Guarantee Section (OJ 1995 L 158, p. 6).
( 3) Commission Regulation (EEC) No 3887/92 of 23 December
1992 laying down detailed rules for applying the integrated
administration and control system for certain Community aid
schemes (OJ 1992 L 391, p. 36).

Reference for a preliminary ruling by the Tribunale di
Tolmezzo by order of that Court of 16 April 2003 in the
case of Azienda Agricola Schnabl Rosa against A.G.E.A.
and COSPALAT F.V.G.

(Case C-185/03)

(2003/C 146/57)

Reference has been made to the Court of
Justice of the
European Communities by order of the Tribunale di Tolmezzo
(Tolmezzo District Court) of 16 April 2003, received at the
Court Registry on 5 May 2003, for a preliminary ruling in the
case of Azienda Agricola Schnabl Rosa against A.G.E.A. and
COSPALAT F.V.G. on the following question:

Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
28 December 1992 be interpreted as meaning that the
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been
exceeded by them intentionally or as a result of negligence?

(1) OJ L 90 of 1.4.1984, p. 10.
(2) OJ L 405 of 31.12.1992, p. 1.

Removal from the register of Case C-302/01 (1)

(2003/C 146/58)

By order of 6 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-302/01: Commission of the
European Communities v Hellenic Republic.

(1) OJ C 259 of 15.9.2001.

Removal from the register of Case C-86/02 (1)

(2003/C 146/59)

By order of 7 March 2003 the President of the Court of Justice
from
of the European Communities ordered the removal
the register of Case C-86/02: Commission of the European
Communities v Federal Republic of Germany.

(1) OJ C 131 of 1.6.2002.