CELEX: C2003/007/02
Language: en
Date: 2003-01-11 00:00:00
Title: Judgment of the Court of 26 November 2002 in Case C-275/00 (Reference for a preliminary ruling from the Hof van Beroep te Gent): European Community, represented by the Commission of the European Communities, v First NV, Franex NV (Articles 235 EC, 240 EC and second paragraph of 288 EC — Action for damages — Expert report ordered as an interlocutory measure by a national court as against the European Community — Exclusive jurisdiction of the Community Courts)

C 7/2                   EN                       Official Journal of the European Communities                                            11.1.2003
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                      of 26 November 2002                                                             (Sixth Chamber)
in Case C-275/00 (Reference for a preliminary ruling from                                          of 19 November 2002
the Hof van Beroep te Gent): European Community,
represented by the Commission of the European Com-
              munities, v First NV, Franex NV (1)
                                                                            in Case C-304/00 (Reference for a preliminary ruling from
                                                                            the High Court of Justice (England & Wales), Queen’s
                                                                            Bench Division (Crown Office): The Queen v Ministry of
(Articles 235 EC, 240 EC and second paragraph of 288 EC                     Agriculture, Fisheries and Food, ex parte: W.H. Strawson
— Action for damages — Expert report ordered as an                                   (Farms) Ltd, and J.A. Gagg & Sons (a firm) ( 1)
interlocutory measure by a national court as against the
European Community — Exclusive jurisdiction of the Com-
                          munity Courts)
                                                                            (Common agricultural policy — Integrated administration
                                                                            and control system for certain Community aid schemes —
                                                                            Article 9(2) of Regulation (EEC) No 3887/92 — Application
                           (2003/C 7/02)                                            for ‘area’ aid — Penalties — Limitation period)
                    (Language of the case: Dutch)                                                       (2003/C 7/03)
(Provisional translation; the definitive translation will be published                          (Language of the case: English)
                   in the European Court Reports)
                                                                            In Case C-304/00: Reference to the Court under Article 234
In Case C-275/00: Reference to the Court under Article 234
                                                                            EC by the High Court of Justice of England and Wales, Queen’s
EC by the Hof van Beroep te Gent (Belgium) for a preliminary
                                                                            Bench Division (Crown Office), for a preliminary ruling in the
ruling in the proceedings pending before that court between
                                                                            proceedings pending before that court between The Queen
European Community, represented by the Commission of the
                                                                            and Ministry of Agriculture, Fisheries and Food, ex parte:
European Communities, and First NV, Franex NV, on the
                                                                            W.H. Strawson (Farms) Ltd, and J.A. Gagg & Sons (a firm), on
interpretation of the second paragraph of Article 228 EC, the
                                                                            the interpretation of Article 9(2) of Commission Regulation
Court, composed of: G.C. Rodríguez Iglesias, President,
                                                                            (EEC) No 3887/92 of 23 December 1992 laying down detailed
J.-P. Puissochet, M. Wathelet and R. Schintgen (Presidents of
                                                                            rules for applying the integrated administration and control
Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,
                                                                            system for certain Community aid schemes (OJ 1992 L 391,
P. Jann, N. Colneric, S. von Bahr (Rapporteur) and J.N. Cunha
                                                                            p. 36), the Court (Sixth Chamber), composed of: J.-P. Puisso-
Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett,
                                                                            chet, President of the Chamber, C. Gulmann, V. Skouris,
Principal Administrator, for the Registrar, has given a judgment
                                                                            F. Macken (Rapporteur) and N. Colneric, Judges; P. Léger,
on 26 November 2002, in which it has ruled:
                                                                            Advocate General; M.-F. Contet, Administrator, for the Regis-
                                                                            trar, has given a judgment on 19 November 2002, in which it
                                                                            has ruled:
Article 235 EC, in conjunction with Article 240 EC and the second
paragraph of Article 288 EC, preclude a national court from
ordering, with respect to one of the institutions of the Community,
proceedings for an expert report whose purpose is to determine the          On a proper construction of the first and second paragraphs of
role of that institution in events alleged to have caused damage,           Article 9(2) of Commission Regulation (EEC) No 3887/92 of
for the purposes of subsequent proceedings against the European             23 December 1992 laying down detailed rules for applying the
Community to establish its non-contractual liability.                       integrated administration and control system for certain Community
                                                                            aid schemes, as amended by Commission Regulation (EC) No 1648/
                                                                            95 of 6 July 1995, where the competent authority discovers that an
                                                                            applicant for ‘area’ aid has made an incorrect declaration, neither
( 1) OJ C 257 of 9.9.2000.                                                  intentionally nor as the result of serious negligence, which has
                                                                            entailed overdeclaration of the area eligible for aid and that the same
                                                                            mistake was made in the years prior to that in which the mistake was
                                                                            discovered, thus leading to overdeclaration of the area eligible for aid
                                                                            in each of those years, that authority is required, subject to observance