CELEX: C1999/226/16
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-133/99: Action brought on 17 April 1999 by the Kingdom of the Netherlands against the Commission of the European Communities

C 226/10                 EN                       Official Journal of the European Communities                                        7.8.1999
— Breach of the requirement to state reasons;                                     the production of milk protein. Directive 83/417/EEC is
                                                                                  based on Article 94 EC (ex Article 100), and its object is
— Infringement of the principle of equality.                                      to remove barriers to trace. This means that Directive
                                                                                  83/417/EEC — the legal basis of which is (only) Article 94
                                                                                  EC (ex Article 100) — cannot limit the scope of Regulation
( 1) OJ 1999 L 61, p. 37.                                                         (EEC) No 2921/90. Moreover, Regulation (EEC) No
( 2) OJ, English Special Edition 1970 (II), p. 411.                               2921/90 does not contain any provision referring to
( 3) OJ, English Special Edition 1971 (I), p. 169.                                Directive 83/417/EEC.
( 4) OJ 1989 L 121, p. 4.
                                                                                  In the alternative, the Kingdom of the Netherlands con-
                                                                                  siders that the production of caseinates involving the
                                                                                  addition of AAS has taken place in accordance with
                                                                                  Directive 83/417/EEC.
                                                                                  The Commission is incorrect in its further assertion that
                                                                                  the granting of aid for production of the caseinate known
Action brought on 17 April 1999 by the Kingdom of the                             as EMST is contrary to Article 1(1) and (3) of Regulation
Netherlands against the Commission of the European                                (EEC) No 2921/90. EMST is not produced from a caseinate
                             Communities                                          but from residues of semi-finished products.
                           (Case C-133/99)                                   — Infringement of Article 5(2)(c) of Regulation (EEC) No
                                                                                  729/70 (4) and breach of the principle of the duty to
                           (1999/C 226/16)                                        cooperate in good faith, of the audi alteram parte rule and
                                                                                  of the agreed preventive approach: the Kingdom of the
                                                                                  Netherlands acknowledges that Regulation (EC) No
An action against the Commission of the European Communi-                         1287/95 (5) did not become applicable until the financial
ties was brought before the Court of Justice of the European                      year commencing on 16 October 1995, but considers that
Communities on 17 April 1999 by the Kingdom of the                                Article 5(2) of Regulation (EEC) No 729/70 constitutes a
Netherlands, represented by Marc Fierstra and Nynke Wijmen-                       specific enunciation of the obligation incumbent on the
ga, Assistant Legal Advisers in the Ministry of Foreign Affairs,                  Commission to cooperate in good faith in the clearance of
The Hague, acting as Agents.                                                      the accounts of the Guarantee Section of the EAGGF.
                                                                                  The Commission has completely ignored the criticism
                                                                                  expressed by the conciliation body, persisting instead in
The applicant claims that the Court should:                                       the views previously advanced by it without putting
                                                                                  forward any detailed arguments in support. The preventive
1. annul Commission Decision 1999/187/EC (1) of 3 February                        approach agreed within the framework of the Belle pro-
     1999 — notified on 12 February 1999 — on the clearance                       cedure has not been adopted in any respect whatever,
     of the accounts presented by the Member States in respect                    although there was every reason to adopt it. The Com-
     of the expenditure for 1995 of the Guarantee Section of                      munity legislation clearly does not fend itself to an
     the European Agricultural Guidance and Guarantee Fund,                       unequivocal interpretation. As soon as it became clear that
     in so far as it excludes the Netherlands from Community                      the Commission had objections, both the Netherlands
     financing in the sum of NLG 39 182 606 (composed of                          authorities and the undertaking concerned adopted very
     NLG 32 746 529 in relation to the use of aluminium                           dynamic measures, despite the doubts which existed, and
     ammonium sulphate (‘AAS’) and NLG 6 436 077 in                               continue to exist, regarding the validity of those objections.
     relation to the production of EMST) with regard to aid for                   By failing to take those circumstances into account when
     the processing of skimmed milk into casein and caseinates;                   fixing the amount of the adjustment, the Commission has
                                                                                  acted in disregard of the promise expressly made by it
2. order the Commission to pay the costs.                                         concerning the application of Article 5(2)(c) of Regulation
                                                                                  (EEC) No 729/70.
Pleas in law and main arguments                                              — Breach of the principle of legal certainty.
— Infringement of Commission Regulation (EEC) No
                                                                             — Breach of the requirement to provide a statement of
     2921/90 (2) on aid for the production of casein and
                                                                                  reasons.
     caseinates from skimmed milk: the Commission is incor-
     rect in its assertion that the production of caseinates
     involving the use of AAS is contrary to the conditions laid             ( 1) OJ 1999 L 61, p. 37.
     down in Directive 83/417/EEC (3) and that, consequently,                ( 2) OJ 1990 L 279, p. 220.
     the conditions for the grant of aid under Regulation (EEC)              ( 3) OJ 1983 L 237, p. 25.
     No 2921/90 have not been fulfilled. Regulation (EEC) No                 ( 4) OJ, English Special Edition 1970 (I), p. 218.
     2921/90 concerns the pursuit of objectives within the                   ( 5) OJ 1995 L 125, p. 1.
     framework of the common agricultural policy, and lays
     clown conditions for the granting of aid for the processing
     of milk. That aid is intended to achieve price stability in