Case C-286/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg by order of that court of 30 June 2005 in Reinhold Haug v Land Baden-Württemberg
Date: 2005-09-17
Institutions: Court of Justice
Subjects: administrative sanction, application of EU law, interpretation of the law

17.9.2005

EN

Official Journal of the European Union

C 229/9

ment debtor (= the defendant in the original proceedings)
on notice not only of the existence of that judgment but
also of the availability of a legal remedy under the legal
order of the State in which the judgment was delivered, so
that it would be aware as a result of the possibility of chal-
lenging the judgment which is a prior condition for the
applicability of
the exception to the bar to recognition
under Article 34(2) of the Regulation?

latter is required only to repay the wrongly granted aid
within the meaning of Article 4(1) of that Regulation?

(1) OJ L 312, p. 1.

(1) OJ 2001 L 12, p. 1.

Action brought on 20 July 2005 by the Commission of the
European Communities against the Italian Republic

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof Baden-Württemberg by order of that court of
30 June 2005 in Reinhold Haug v Land Baden-Württem-
berg

(Case C-293/05)

(2005/C 229/19)

(Language of the case: Italian)

(Case C-286/05)

(2005/C 229/18)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 20 July 2005
by the Commission of the European Communities, represented
by Sara Pardo Quintillan and Donatella Recchia, of its Legal
Service.

(Language of the case: German)

The applicant claims that the Court should:

Reference has been made to the Court of Justice of the Euro-
the Verwaltungsgerichtshof
pean Communities by order of
Baden-Württemberg of 30 June 2005, received at the Court
Registry on 18 July 2005,
for a preliminary ruling in the
proceedings between Reinhold Haug and Land Baden-Württem-
berg on the following question:

1. Does the second sentence of Article 2(2) of Council Regu-
lation (EC, Euratom) No 2988/1995 apply even if in the
context of an irregularity within the meaning of Article 1(2)
that Regulation only the reimbursement of wrongly
of
granted aid is sought
(Article 4(1) of Regulation (EC,
Euratom) No 2988/1995 (1) and, because of a provision of
Community law that later comes into force, the amount of
wrongly granted aid to be reimbursed would be lower than
under the provisions of Community law in force at the time
that the irregularity was committed?

If the answer to the first question should be in the affirma-
tive:

1. declare that, by failing to take measures to ensure that, as
from 31 December 1998, urban waste water from the
agglomeration of several communes of
the Province of
Varese situated in the basin of the River Olona is subject to
more stringent treatment than the secondary treatment or
equivalent treatment provided for in Article 4 of Directive
91/271/EEC, (1) the Italian Republic has failed to fulfil its
obligations under Article 5(2) of that directive, referred to in
Article 5(5) thereof;

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Commission does not challenge the failure to designate the
basin which drains the southern Lambro-Olona area as a sensi-
tive area,
inasmuch as appropriate infringement proceedings
are pending for that purpose. However, that drainage basin is
part of an area situated within the Po basin, which has been
officially designated a sensitive area.

2. Does the second sentence of Article 2(2) of Council Regu-
lation (EC, Euratom) No 2988/1995 also apply with regard
to the rules governing payment of interest if no administra-
tive penalties within the meaning of Article 5(1) of that
Regulation are imposed on the farmer concerned and the

Accordingly, pursuant
to Article 5(5) of Directive 91/271,
which refers to Article 5(2) thereof, water from the agglomera-
tion in the Province of Varese situated in the basin of the River
Olona should have been subject to more stringent treatment
than secondary treatment since 31 December 1998.