Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-153/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 to 1998 — Decision 2001/137/EC)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, European Commission, Spain, action for annulment (EU), agricultural expenditure, budgetary control

4.12.2004

EN

Official Journal of the European Union

C 300/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

4. Orders the Commission of the European Communities to pay one

(Second Chamber)

of 7 October 2004

fifth of the costs.

(1) OJ C 186 of 30.6.2001.

in Case C-153/01: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Financial years 1996 to
1998 — Decision 2001/137/EC)

(2004/C 300/01)

(Language of the case: Spanish)

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

In Case C-153/01: action for partial annulment under Article
230 EC, brought on 9 April 2001, by Kingdom of Spain
(Agent: S. Ortiz Vaamonde) against Commission of the Euro-
pean Communities (Agent: S. Pardo Quintillán) — the Court
(Second Chamber), composed of: C. W. A. Timmermans, Presi-
J. N. Cunha Rodrigues,
dent of the Chamber, C. Gulmann,
R. Schintgen and F. Macken (Rapporteur),
Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment on
7 October 2004, in which it:

1. Annuls Commission Decision 2001/137/EC of 5 February 2001
excluding from community financing certain expenditure incurred
by the Member States under the Guarantee Section of the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF) in so
far as it applies to the Kingdom of Spain a financial correction
corresponding to the sum of 2 426 259 870 ESP in respect of
interest due under the additional milk levy scheme;

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain to pay four fifths of the costs;

JUDGMENT OF THE COURT

(First Chamber)

of 7 October 2004

in Case C-255/01 (reference for a preliminary ruling from
the Simvoulio tis Epikratias): Panagiotis Markopoulos and
Others v Ypourgos Anaptyxis and Others (1)

(Reference for a preliminary ruling — Eighth Directive
84/253/EEC — Articles 11 and 15 — Approval of persons
responsible for statutory auditing of accounting documents
— Possibility of approving persons who have not passed an
examination of professional competence — Conditions on
which nationals of other Member States may be approved)

(2004/C 300/02)

(Language of the case: Greek)

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

In Case C-255/01: reference for a preliminary ruling under
Article 234 EC from the Simvoulio tis Epikratias (Greece),
made by decision of 12 June 2001, received at the Court on 3
July 2001, in the proceedings: between Panagiotis Markopoulos
and Others and Ypourgos Anaptyxis, Soma Orkoton Elegkton,
interveners: Georgios Samothrakis and Others, and Christos
Panagiotidis — the Court (First Chamber), composed of: P.
Jann, President of
the Chamber, R. Silva de Lapuerta, K.
Lenaerts, S. von Bahr and K. Schiemann (Rapporteur), Judges;
A. Tizzano, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 7 October
2004, in which it has ruled: