Judgment of the Court (Third Chamber) of 9 June 2005 in Case C-287/02: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — 2001 financial year — Detailed implementing rules)
Date: 2005-08-06
Institutions: Court of Justice
Subjects: Spain, action for annulment (EU), closing of accounts, document, expenditure

6.8.2005

EN

Official Journal of the European Union

C 193/3

2. Orders HDI International to compensate the damage caused to
the European Parliament as a result of the wrongful termination
of contract no. 5.013.347;

3. Holds that the sum due as compensation for the damage which
HDI International caused the European Parliament is obtained by
multiplying the sum of EUR 389 291,73 by the percentage of
premiums which HDI International would have received out of the
total of those which the European Parliament should have paid the
four co-assurors in respect of the guarantees for the year 2002
and by deducting from the product thus obtained the sum which
that institution should have paid HDI International in respect of
the cover for its assets in France against all material damage for
the year 2002;

1. Annuls Commission Decision 2002/461/EC of 12 June 2002
on the clearance of the accounts of Member States' expenditure
financed by the European Agricultural Guidance and Guarantee
Fund (EAGGF), Guarantee Section, for the 2001 financial year in
so far as Annex I thereto includes in the amount recoverable from
the Kingdom of Spain a financial correction of the accounts of the
Castilla-La Mancha paying agency corresponding to the amount
of the compensatory allowances;

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain and the Commission of the Euro-

pean Communities to bear their own costs.

4. Holds that the sums due to the European Parliament by HDI
International generate interest with effect from 4 April 2002 at
the statutory rate applicable in France;

(1) OJ C 233, 28.9.2002.

5. Orders HDI International to pay the costs.

(1) OJ C 144, 15.06.2002.

JUDGMENT OF THE COURT

(Third Chamber)

of 9 June 2005

in Case C-287/02: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 2001 financial year —
Detailed implementing rules)

(2005/C 193/04)

(Language of the case: Spanish)

In Case C-287/02: Kingdom of Spain (Agent: L. Fraguas Gadea)
v Commission of
the European Communities (Agents: M.
Niejahr and S. Pardo Quintillán) — action for annulment under
Article 230 EC, brought on 9 August 2002 — the Court (Third
Chamber), composed of A. Rosas, President of the Chamber, A.
Borg Barthet, J.-P. Puissochet, S. von Bahr and J. Malenovský
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 9 June 2005, in which it:

JUDGMENT OF THE COURT OF JUSTICE

(Grand Chamber)

of 16 June 2005

in Case C-105/03, Reference for a preliminary ruling from
the Tribunale di Firenze (Italy), in criminal proceedings
against Maria Pupino (1)

34

EU and

(Police and judicial cooperation in criminal matters — Arti-
cles
EU — Framework Decision
2001/220/JHA — Standing of victims in criminal proceed-
ings — Protection of vulnerable persons — Hearing of
minors as witnesses — Effects of a framework decision)

35

(2005/C 193/05)

(Language of the case: Italian)

In Case C-105/03: reference for a preliminary ruling under
Article 35 EU, by the judge in charge of preliminary enquiries
the Tribunale di Firenze (Italy), made by decision of 3
at
in
February 2003, received at the Court on 5 March 2003,
criminal proceedings against Maria Pupino — the Court (Grand
Chamber), composed of V. Skouris, President, P. Jann, C.W.A.
Timmermans, A. Rosas, R. Silva de Lapuerta and A. Borg
Barthet, Presidents of Chambers, N. Colneric, S. von Bahr, J.N.
Cunha Rodrigues (Rapporteur), P. Kūris, E. Juhász, G. Arestis
and M. Ilešič, Judges; J. Kokott, Advocate General, L. Hewlett,
Principal Administrator, for the Registrar, gave a judgment on
16 June 2005, the operative part of which is as follows: