CELEX: C2002/084/03
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) 24 January 2002 in Case C-118/99: French Republic v Commission of the European Communities (Clearance of accounts — EAGGF — 1995 financial year — Arable crops)

C 84/2                   EN                       Official Journal of the European Communities                                           6.4.2002
      No 3559/91 of 6 December 1991, where it has not informed               amendments to the indicative allocation of Community initiat-
      the undertaking of that requirement within the period prescribed       ives, communicated to the Italian Republic by letter of
      by Article 3(2) of that regulation. Exceeding the time-limit           19 January 1999 from the Secretary-General of the Com-
      may be permissible where the competent national authority,             mission, and of all measures underlying or linked to that
      without negligence on its part, did not know the details of the        decision, the Court (Sixth Chamber), composed of: N. Colneric,
      undertaking’s sugar production and where that lack of knowl-           President of the Second Chamber, acting for the President of
      edge may reasonably be attributed to the undertaking, because          the Sixth Chamber, C. Gulmann, J.-P. Puissochet (Rapporteur),
      it has not acted in good faith and has not complied with all the       R. Schintgen and V. Skouris, Judges, Advocate General:
      relevant provisions.                                                   J. Mischo, Registrar: H.A. Rühl, Principal Administrator, has
                                                                             given a judgment on 30 January 2002, in which it:
3.    The competent national authority may, without infringing
      Articles 3 and 4 of Commission Regulation (EEC)
      No 3665/87 of 27 November 1987 laying down common                      1.    Annuls the Commission’s decision of 16 December 1998
      detailed rules for the application of the system of export refunds           approving amendments to the indicative allocation of Com-
      on agricultural products or the general principles of Community              munity initiatives, communicated to the Italian Republic by
      law, refuse to accept retrospectively an export declaration                  letter of 19 January 1999 from the Secretary-General of the
      presented for the purpose of obtaining export refunds and of                 Commission;
      extending the period allowed for supplying proof of export
      where, because the undertaking has applied for and obtained            2.    Orders the Commission of the European Communities to pay
      from that authority a C sugar export licence for sugar which it              the costs;
      was impossible to regard as C sugar, the undertaking has
      neither applied for nor obtained the export refunds to which it        3.    Orders Ireland and United Kingdom of Great Britain and
      would have been entitled if the sugar had been exported as A or              Northern Ireland to bear their own costs.
      B sugar.
                                                                             (1) OJ C 188 of 3.7.1999.
(1) OJ C 160 of 5.6.1999.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Sixth Chamber)                                                            (Sixth Chamber)
                           30 January 2002
                                                                                                      24 January 2002
in Case C-107/99: Italian Republic v Commission of the
                    European Communities (1)                                 in Case C-118/99: French Republic v Commission of the
                                                                                                European Communities (1)
(Structural funds — Financing of Community initiatives —
               Alteration of indicative allocations)                         (Clearance of accounts — EAGGF — 1995 financial year
                                                                                                       — Arable crops)
                            (2002/C 84/02)
                                                                                                       (2002/C 84/03)
                     (Language of the case: Italian)
                                                                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-107/99, Italian Republic (Agent: U. Leanza, assisted
by I. M. Braguglia), v Commission of the European Communi-
ties (Agents: E. de March, K. Simonsson and H. Speyart)                      In Case C-118/99, French Republic (agents: J.-F. Dobelle,
supported by Ireland (Agent: J. Payne, assisted by D. McGuin-                K. Rispal-Bellanger and C. Vasak), Republic of Finland
ness, SC, and E. Kent, solicitor) and by United Kingdom of                   (agent:T. Pynnä) v Commission of the European Communities
Great Britain and Northern Ireland (Agent: J. E. Collins, assisted           (agent: P. Oliver): Application for partial annulment of Com-
by D. Wyatt, QC,): Application for the annulment of the                      mission Decision 1999/187/EC of 3 February 1999 on the
Commission’s decision of 16 December 1998 approving                          clearance of the accounts presented by the Member States in
 ---pagebreak--- 6.4.2002                EN                      Official Journal of the European Communities                                                C 84/3
respect of the expenditure for 1995 of the Guarantee Section               1.    Dismisses the action;
of the European Agricultural Guidance and Guarantee Fund
(OJ 1999 L 61, p. 37), in so far as it concerns the French                 2.    Orders the Italian Republic to pay the costs.
Republic, the Court (Sixth Chamber), composed of: F. Macken
(Rapporteur), President of the Chamber, N. Colneric, C. Gul-
mann, R. Schintgen and V. Skouris, Judges, Advocate General:               (1) OJ C 174 of 19.6.1999.
S. Alber, Registrar: H.A. Rühl, Principal Administrator, has
given a judgment on 24 January 2002, in which it has ruled:
1.    Dismisses the application;
2.    Orders the French Republic to pay the costs;                                            JUDGMENT OF THE COURT
3     .Orders the Republic of Finland to bear its own costs.
                                                                                                       (Fifth Chamber)
(1) OJ C 188 of 3.7.1999.                                                                             24 January 2002
                                                                           in Case C-164/99 (Reference for a preliminary ruling
                                                                           from the Amtsgericht Tauberbischofsheim): Portugaia
                                                                                                     Construções Lda (1)
                                                                           (Freedom to provide services — Construction undertakings
                 JUDGMENT OF THE COURT                                     — Directive 96/71/EC — Posting of workers — Minimum
                                                                                                             wage)
                         (Sixth Chamber)
                                                                                                        (2002/C 84/05)
                      of 27 November 2001
                                                                                                (Language of the case: German)
in Case C-146/99: Italian Republic v Commission of the
                   European Communities (1)                                (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(EAGGF — Clearance of accounts — Tomatoes — Minimum
                        price for producers)
                                                                           In Case C-164/99: Reference to the Court under Article 234
                          (2002/C 84/04)                                   EC by the Amtsgericht Tauberbischofsheim (Germany) for a
                                                                           preliminary ruling in the infringement proceedings brought
                                                                           before that court against Portugaia Construções Lda, on the
                    (Language of the case: Italian)                        interpretation of Article 59 of the EC Treaty (now, after
                                                                           amendment, Article 49 EC) and Article 60 of the EC Treaty
(Provisional translation; the definitive translation will be published     (now Article 50 EC) and of Directive 96/71/EC of the
                   in the European Court Reports)                          European Parliament and of the Council of 16 December 1996
                                                                           concerning the posting of workers in the framework of the
                                                                           provision of services (OJ 1997 L 18, p. 1), the Court (Fifth
                                                                           Chamber), composed of: P. Jann, President of the Chamber,
In Case C-146/99: Italian Republic (Agent: U. Leanza, assisted             D.A.O. Edward (Rapporteur) and A. La Pergola, Judges,
by D. Del Gaizo) v Commission of the European Communities                  Advocate General: J. Mischo, Registrar: H.A. Rühl, Principal
(Agent: F.P. Ruggeri Laderchi, assisted by A. Dal Ferro) —                 Administrator, has given a judgment on 24 January 2002, in
application for annulment of Commission Decision                           which it has ruled:
1999/186/EC of 3 February 1999 excluding from Community
financing certain expenditure incurred by the Member States                1.    In assessing whether the application by the host Member State
under the Guarantee Section of the European Agricultural                         to service providers established in another Member State of
Guidance and Guarantee Fund (EAGGF) (OJ 1999 L 61, p. 34),                       domestic legislation laying down a minimum wage is compat-
in so far as it disallowed ITL 7 421 939 820 of expenditure                      ible with Article 59 of the EC Treaty (now, after amendment,
incurred by the Italian Republic for aid for the processing of                   Article 49 EC) and Article 60 of the EC Treaty (now Article 50
tomatoes — the Court (Sixth Chamber), composed of: F. Mack-                      EC), it is for the national authorities or, as the case may be, the
en, President of the Chamber, N. Colneric, C. Gulmann                            national courts to determine whether, considered objectively,
(Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges;                       that legislation provides for the protection of posted workers. In
C. Stix-Hackl, Advocate General; L. Hewlett, Administrator, for                  that regard, although the declared intention of the legislature
the Registrar, has given a judgment on 27 November 2001, in                      cannot be conclusive, it may nevertheless constitute an indication
which it:                                                                        as to the objective pursued by the legislation.