CELEX: C2000/335/60
Language: en
Date: 2000-11-25 00:00:00
Title: Case C-340/00 P: Appeal brought on 15 September 2000 by the Commission of the European Communities against the judgment delivered on 14 July 2000 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-82/99 between Michael Cwik and the Commission of the European Communities

25.11.2000              EN                      Official Journal of the European Communities                                      C 335/35
c)     failure to comply with the duties of loyal co-operation,            Pleas in law and main arguments
       legal certainty and good administration;
                                                                           —     Error of law, in that the Court of First Instance exceeded
d)     breach of legitimate expectations.                                        the limits of its power of review and in so doing gave an
                                                                                 incorrect and unduly restrictive interpretation of the
                                                                                 second paragraph of Article 17 of the Staff Regulations
(1) Commission Decision of 5 July 2000 excluding from Community                  of Officials: the fact that an official does not act in a
    financing certain expenditure incurred by the Member States under
                                                                                 ‘managerial’ capacity is clearly not decisive and is not to
    the Guarantee Section of the European Agricultural Guidance and
    Guarantee Fund (EAGGF) (OJ L 180, 19.07.2000, p. 49).                        be found as a condition in the second paragraph of
(2) Regulation (EEC) No 729/70 of the Council of 21 April 1970 on                Article 17 of the Staff Regulations. Likewise, the insti-
    the financing of the common agricultural policy [OJ L 94,                    tution must be in a position to control the points of view
    28.04.70, p. 13 (SE SERI 70(1) p. 218)].                                     adopted by its officials, especially where they conflict
(3) on the financing of the common agricultural policy (OJ L 160,                with those expressed at the time, or where the official
    26.06.1999, p. 103).                                                         expresses his views on matters in respect of which it is
(4) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting              the Commission’s express intention to adopt a ‘neutral’
    a Community aid scheme for forestry measures in agriculture (OJ              policy. Last, it is difficult to see how a point of view
    L 215, 30.07.92, p. 96).                                                     addressed to an audience of ‘specialists’ is by nature less
                                                                                 damaging to the institution than if it were expressed in
                                                                                 other circumstances.
                                                                           —     Lack of reasoning.
Appeal brought on 15 September 2000 by the Com-
mission of the European Communities against the judg-
ment delivered on 14 July 2000 by the Fourth Chamber
of the Court of First Instance of the European Communi-
ties in Case T-82/99 between Michael Cwik and the
          Commission of the European Communities
                                                                           Action brought on 18 September 2000 by the Com-
                         (Case C-340/00 P)                                 mission of the European Communities against the French
                                                                                                        Republic
                          (2000/C 335/60)
                                                                                                    (Case C-343/00)
An appeal against the judgment delivered on 14 July 2000 by
the Fourth Chamber of the Court of First Instance of the
                                                                                                    (2000/C 335/61)
European Communities in Case T-82/99 between Michael
Cwik and the Commission of the European Communities
was brought before the Court of Justice of the European                    An action against the French Republic was brought before the
Communities on 15 September 2000 by the Commission of                      Court of Justice of the European Communities on 18 Septem-
the European Communities, represented by J. Currall, Legal                 ber 2000 by the Commission of the European Communities,
Adviser, acting as Agent, and Denis Waelbroeck, of the Brussels            represented by Gérard Berscheid, of its Legal Service, acting as
Bar, with an address for service in Luxembourg at the office of            Agent, with an address for service in Luxembourg at the office
C. Gómez de la Cruz, of the Legal Service, Wagner Centre,                 of Carlos Gómez de la Cruz, also of the Commission’s Legal
Kirchberg.                                                                 Service, Wagner Centre, Kirchberg.
The appellant claims that the Court should:
                                                                           The applicant claims that the Court should:
—      declare the appeal admissible and well founded;
                                                                           —     Declare that, by failing to bring into force, within the
—      set aside the judgment delivered by the Fourth Chamber                    prescribed period, the laws, regulations and administrat-
       of the Court of First Instance on 14 July 2000 in Case                    ive provisions needed in order to comply with Com-
       T-82/99 Michael Cwik v European Commission;                               mission Directive 98/87/EC of 13 November 1998
                                                                                 amending Council Directive 79/373/EEC on the market-
—      accordingly, dismiss the applicant’s action in that case or,              ing of compound feedingstuffs (1), the French Republic
       in the alternative, refer the case back to the Court of First             has failed to fulfil its obligations under Article 2 of
       Instance;                                                                 Directive 98/87/EC;
—      order the applicant to bear his own costs.                          —     Order the French Republic to pay the costs.