Judgment of the Court of 26 May 1982. - Federal Republic of Germany and Bundesanstalt für Arbeit v Commission of the European Communities. - Social funds - Clearance of accounts. - Case 44/81.
European Court reports 1982 Page 01855
Spanish special edition Page 00557
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . PROCEDURE - FORMS OF ACTION PROVIDED BY THE EEC TREATY AGAINST AN INSTITUTION ' S REFUSAL TO PAY - ACTION FOR PAYMENT - INADMISSIBILITY - REMEDY AT LAW OF PERSONS CONCERNED - ACTION FOR A DECLARATION OF NULLITY OR FOR FAILURE TO ACT - CONDITIONS
( EEC TREATY , ARTS 164 , 173 , 175 AND 176 )
2 . ACTION FOR A DECLARATION OF NULLITY - ACTS WHICH MAY BE THE SUBJECT OF AN ACTION - REFUSAL TO PAY - ACT DEFINING UNEQUIVOCALLY AND DEFINITIVELY THE INSTITUTION ' S POSITION
( EEC TREATY , ART . 173 )
3 . SOCIAL POLICY - EUROPEAN SOCIAL FUND - ADMINISTRATION AND CONTROL - POWERS OF THE COMMISSION - SCOPE - DETERMINATION OF TIME-LIMITS FOR CLEARANCE OF FUND ' S ACCOUNTS - FAILURE TO OBSERVE - PENALTIES - PERMISSIBILITY
( EEC TREATY , ART . 124 ; REGULATION NO 2396/71 OF THE COUNCIL , ARTS 11 AND 13 )
4 . COMMUNITY LAW - PRINCIPLES - LEGAL CERTAINTY - PRECLUSIVE PERIODS - WHEN APPLICABLE - CONDITIONS - CLEAR AND PRECISE DETERMINATION - DECISION 78/706 , ART . 4 ( 1 ) - CONDITIONS UNFULFILLED
( COMMISSION DECISION 78/706 , ART . 4 ( 1 ))
Summary
1 . WHILST IT IS TRUE THAT THERE IS NO PROVISION IN THE EEC TREATY ENTITLING A PERSON IN FAVOUR OF WHOM AN INSTITUTION HAS ENTERED UNILATERALLY INTO A FINANCIAL COMMITMENT TO BRING BEFORE THE COURT AN ACTION FOR PAYMENT AGAINST THAT INSTITUTION , THAT OF ITSELF DOES NOT MEAN THAT THE PERSON CONCERNED HAS NO REMEDY WHERE THAT INSTITUTION REFUSES TO HONOUR ITS COMMITMENTS . INDEED , IN SO FAR AS THE INSTITUTION , BY REFUSING PAYMENT , DISPUTES A PRIOR COMMITMENT OR DENIES ITS EXISTENCE , IT COMMITS AN ACT WHICH IN VIEW OF ITS LEGAL EFFECTS MAY GIVE RISE TO AN ACTION FOR A DECLARATION OF NULLITY UNDER ARTICLE 173 OF THE TREATY . IF AS A RESULT OF THE ACTION THE REFUSAL TO MAKE THE PAYMENT IS DECLARED VOID , THE APPLICANT ' S RIGHT WILL BE ESTABLISHED AND IT WILL BE FOR THE INSTITUTION CONCERNED , PURSUANT TO ARTICLE 176 OF THE TREATY , TO ENSURE THAT THE PAYMENT WHICH HAS BEEN UNLAWFULLY REFUSED IS MADE . MOREOVER , IF AN INSTITUTION FAILS TO REPLY TO A REQUEST FOR PAYMENT , THE SAME RESULT MAY BE OBTAINED BY MEANS OF ARTICLE 175 .
2 . IN THE EVENT OF A REFUSAL BY AN INSTITUTION TO MAKE A PAYMENT , A LETTER FROM THE INSTITUTION DEFINING UNEQUIVOCALLY AND DEFINITIVELY ITS ATTITUDE WITH REGARD TO THE REQUEST FOR PAYMENT SUBMITTED TO IT CONSTITUTES AN