Case C-310/04: Judgment of the Court (Second Chamber) of 7 September 2006 — Kingdom of Spain v Council of the European Union (Actions for annulment — Agriculture — Chapter 10a of Title IV of Regulation (EC) No 1782/2003, inserted by Article 1(20) of Regulation (EC) No 864/2004 — Amendment of the support scheme for cotton — Condition that the area is maintained at least until the boll opening — Compliance with Protocol 4 on cotton annexed to the Act of Accession of the Hellenic Republic to the European Communities — Concept of production aid — Obligation to state reasons — Misuse of powers — General principles of proportionality and protection of legitimate expectations)
Date: 2006-11-18
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, aid system, aid to agriculture, appeal to the Court (EU), common agricultural policy, cotton, infringement of EU law, support policy

C 281/6

EN

Official Journal of the European Union

18.11.2006

Operative part of the judgment

Defendant: Council of the European Union (represented by: M.
Balta and F. Florindo Gijón, Agents)

1. Persons who possess the nationality of a Member State and who
reside or live in a territory which is one of the overseas countries
and territories referred to in Article 299(3) EC may rely on the
rights conferred on citizens of the Union in Part Two of the
EC Treaty.

2. While, in the current state of Community law, there is nothing
which precludes the Member States from defining, in compliance
with Community law, the conditions of the right to vote and to
stand as a candidate in elections to the European Parliament by
reference to the criterion of residence in the territory in which the
elections are held,
treatment prevents,
the principle of equal
however, the criteria chosen from resulting in the different treat-
ment of nationals who are in comparable situations, unless that
difference in treatment is objectively justified.

redress

(rechtsherstel)

3. It is for the national law of each Member State to determine the
rules allowing legal
for a person who,
because of a national provision that is contrary to Community
law, has not been entered on the electoral register for the election
of the members of the European Parliament of 10 June 2004 and
has therefore been excluded from participation in those elections.
Those remedies, which may include compensation for the loss
caused by the infringement of Community law for which the State
may be held responsible, must comply with the principles of
equivalence and effectiveness.

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: M. Nolin and S. Pardo
Quintillán, Agents)

Re:

Annulment of Chapter 10a of Title IV of Council Regulation
(EC) No 1782/2003 of 29 September 2003,
inserted by
Council Regulation (EC) No 864/2004 of 29 April 2004
amending Regulation
(EC) No 1782/2003 establishing
common rules for direct support schemes under the common
agricultural policy and establishing certain support schemes for
farmers, and adapting it by reason of the accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia to the European Union
(OJ 2004 L 161, p. 48) — Alteration of the support scheme in
the cotton sector — Aid to producers divided into two parts
(single payment and aid linked to cotton production)

(1) OJ C 228, 11.09.2004.

Operative part of the judgment

The Court:

Judgment of the Court (Second Chamber) of 7 September
2006 — Kingdom of Spain v Council of the European
Union

(Case C-310/04) (1)

(Actions for annulment — Agriculture — Chapter 10a of
Title IV of Regulation (EC) No 1782/2003,
inserted by
Article 1(20) of Regulation (EC) No 864/2004 — Amend-
ment of the support scheme for cotton — Condition that the
area is maintained at least until the boll opening — Compli-
ance with Protocol 4 on cotton annexed to the Act of Acces-
sion of the Hellenic Republic to the European Communities
— Concept of production aid — Obligation to state reasons
— Misuse of powers — General principles of proportionality
and protection of legitimate expectations)

1. Annuls Chapter 10a of Title IV of Council Regulation (EC) No
1782/2003 of 29 September 2003 establishing common rules
for direct support schemes under the common agricultural policy
farmers and
and establishing certain support
amending Regulations
(EC) No
(EEC) No
1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC)
No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC)
No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001,
inserted by Article 1(20) of Council Regulation (EC) No
864/2004 of 29 April 2004;

2019/93,

schemes

for

2. Orders the effects of that annulment to be suspended until the

adoption, within a reasonable time, of a new regulation;

3. Orders the Council of the European Union to pay the costs;

(2006/C 281/10)

Language of the case: Spanish

4. Orders the Commission of the European Communities to bear its

own costs.

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez,
Agent)

(1) OJ C 228, 11.9.2004.