Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-271/01 (Reference for a preliminary ruling from the Consiglio di Stato ): Ministero delle Politiche Agricole e Forestali v Consorzio Produttori Pompelmo Italiano Soc. coop. arl (COPPI) (Agriculture — EAGGF — Cancellation of financial assistance — Regulation (EEC) No 4253/88 — Articles 23 and 24 — Supervisory powers of the Commission and Member State respectively)
Date: 2004-03-20
Institutions: Court of Justice
Subjects: Structural Funds, aid recipient, balance of payments assistance, fraud, interpretation of the law, redemption

20.3.2004

EN

Official Journal of the European Union

C 71/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 22 January 2004

in Case C-271/01 (Reference for a preliminary ruling from
the Consiglio di Stato ): Ministero delle Politiche Agricole
e Forestali v Consorzio Produttori Pompelmo Italiano
Soc. coop. arl (COPPI) (1)

(Agriculture — EAGGF — Cancellation of financial assist-
ance — Regulation (EEC) No 4253/88 — Articles 23 and 24
— Supervisory powers of the Commission and Member State
respectively)

(2004/C 71/01)

(Language of the case: Italian)

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

In Case C-271/01: Reference to the Court under Article 234
EC by the Consiglio di Stato (Italy) for a preliminary ruling in
the proceedings pending before that court between Ministero
delle Politiche Agricole e Forestali and Consorzio Produttori
Pompelmo Italiano Soc. coop. arl (COPPI), on the interpret-
ation of Article 19 of Council Regulation (EEC) No 355/77 of
15 February 1977 on common measures to improve the
conditions under which agricultural products are processed
and marketed (OJ 1977 L 51, p. 1), as amended by Council
Regulation (EEC) No 1932/84 of 19 June 1984 (OJ 1984
L 180, p. 1), of Article 23 of Council Regulation (EEC)

No 4253/88 of 19 December 1988 laying down provisions
for implementing Regulation (EEC) No 2052/88 as regards
coordination of the activities of the different Structural Funds
between themselves and with the operations of the European
Investment Bank and the other existing financial instruments
(OJ 1988 L 374, p. 1), as amended by Regulation (EEC)
No 2082/93 of 20 July 1993 (OJ 1993 L 193, p. 20), and of
Article 8 of Council Regulation (EEC) No 729/70 of 21 April
1970 on the financing of the common agricultural policy (OJ,
English Special Edition, 1970(I), p. 218), the Court (Sixth
Chamber), composed of: C. Gulmann, acting for the President
of the Sixth Chamber, J.N. Cunha Rodrigues, J.-P. Puissochet,
R. Schintgen and F. Macken (Rapporteur), Judges; S. Alber,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 22 January 2004, in
which it has ruled:

The first subparagraph of Article 23(1) of Council Regulation (EEC)
No 4253/88 of 19 December 1988, laying down provisions for
implementing Regulation (EEC) No 2052/88 as regards coordi-
nation of the activities of the different Structural Funds between
themselves and with the operations of the European Investment Bank
and the other existing financial instruments, as amended by Council
Regulation (EEC) No 2082/93 of 20 July 1993, is to be interpreted
as meaning that, in the context of an action programme financed by
the European Agricultural Guidance and Guarantee Fund (EAGGF),
where an examination reveals a breach of the conditions laid down
for the implementation of a programme’s operations, a Member State
which has granted financial assistance from the EAGGF may, in
order to prevent and to take action against irregularities, revoke that
assistance and require partial repayment
from the final
recipients.

thereof

(1) OJ C 275 of 29.9.2001.