CELEX: C2000/102/01
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Third Chamber) of 20 January 2000 in Case C-414/98 (reference for a preliminary ruling fom Verwaltungsgericht Schwerin): Landerzeugergemeinschaft eG Gross Godems v Amt für Landwirtschaft Parchim (Agriculture — Regulation (EEC) No 4115/88 — Aid for the extensification of production — Penalties applicable)

8.4.2000                EN                      Official Journal of the European Communities                                                C 102/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       of the Chamber, C. Gulmann and J.-P. Puissochet (Rapporteur),
                                                                             Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
                                                                             Registrar, has given a judgment on 20 January 2000, in which
                         (Third Chamber)
                                                                             it has ruled:
                        of 20 January 2000
                                                                             1. Article 16(1) of Commission Regulation (EEC) No 4115/88 of
in Case C-414/98 (reference for a preliminary ruling fom                         21 December 1988 laying down detailed rules for applying the
Verwaltungsgericht Schwerin): Landerzeugergemein-                                aid scheme to promote the extensification of production, as
schaft eG Gross Godems v Amt für Landwirtschaft                                  amended by Commission Regulation (EEC) No 838/93 of
                             Parchim (1)                                         6 April 1993, must be interpreted to mean that the method of
                                                                                 calculating the reduction of extensification aid which it lays down
(Agriculture — Regulation (EEC) No 4115/88 — Aid for                             is applicable where the discrepancy between the number of units
  the extensification of production — Penalties applicable)                      for which the aid is requested and the number of units measured
                                                                                 exceeds two hectares but is less than 10 % of the surface for
                                                                                 which aid is requested.
                          (2000/C 102/01)
                                                                             2. The reduction of extensification aid laid down by the second
                   (Language of the case: German)                                sentence of Article 16(1) of Regulation No 4115/88, as
                                                                                 amended by Regulation No 838/93, covers the whole period of
                                                                                 the undertaking given by the beneficiary of the aid, unless the
(Provisional translation; the definitive translation will be published           latter can prove that the discrepancy between the number of units
                   in the European Court Reports)                                for which aid was requested and the number of units measured is
                                                                                 neither intentional nor the result of negligence on its part.
In Case C-414/98, reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Verwaltungsgericht
Schwerin (Germany) for a preliminary ruling in the proceed-
ings pending before that court between Landerzeugergemein-
schaft eG Gross Godems and Amt für Landwirtschaft Parchim                    (1) OJ C 33 of 6.2.1999.
on the interpretation of Article 16 of Commission Regulation
(EEC) No 4115/88 of 21 December 1988 laying down
detailed rules for applying the aid scheme to promote the
extensification of production (OJ 1988 L 361, p. 13), as
amended by Commission Regulation (EEC) No 838/93 of
6 April 1993 (OJ 1993 L 88, p. 16) — the Court (Third
Chamber), composed of J.C. Moitinho de Almeida, President