CELEX: C2002/274/02
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 September 2002 in Case C-377/99: Federal Republic of Germany v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Arable crops)

C 274/2                  EN                      Official Journal of the European Communities                                       9.11.2002
2.    Community law does not prohibit a Member State from                   the Guarantee Section of the European Agricultural Guidance
      resisting actions for repayment of charges levied in breach of        and Guarantee Fund (EAGGF) (OJ 1999 L 226, p. 26), in so far
      Community law by relying on a time-limit under national law           as it imposes on the Federal Republic of Germany a flat-rate
      of three years, by way of derogation from the ordinary rules          correction of 5 % to the expenditure declared in respect of
      governing actions between private individuals for the recovery of     financial support in the arable crops sector in Mecklenburg-
      sums paid but not due, for which the period allowed is more           Vorpommern, equal to the sum of DEM 30 394 115,33,
      favourable, provided that that time-limit applies in the same         instead of 2 %, equal to the sum of DEM 12 157 646,13 —
      way to actions based on Community law for repayment of such           the Court (Fifth Chamber), composed of: P. Jann, President of
      charges as to those based on national law.                            the Chamber, S. von Bahr (Rapporteur), D.A.O. Edward,
                                                                            A. La Pergola, and C.W.A. Timmermans, Judges; C. Stix-
3.    Community law precludes the adoption by a Member State of             Hackl, Advocate General; M.-F. Contet, Administrator, for the
      provisions making repayment of a tax held to be contrary to           Registrar, has given a judgment on 19 September 2002, in
      Community law by a judgment of the Court, or whose                    which it:
      incompatibility with Community law is apparent from such a
      judgment, subject to conditions relating specifically to that tax
      which are less favourable than those which would otherwise be         1.    Dismisses the action;
      applied to repayment of the tax in question.
                                                                            2.    Orders the Federal Republic of Germany to pay the costs.
( 1) OJ C 226 of 7.8.1999.
                                                                            (1 ) OJ C 366 of 18.12.1999.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                             JUDGMENT OF THE COURT
                      of 19 September 2002
                                                                                                 of 17 September 2002
in Case C-377/99: Federal Republic of Germany v Com-
           mission of the European Communities (1)
                                                                            in Case C-413/99 (Reference for a preliminary ruling
                                                                            from the Immigration Appeal Tribunal): Baumbast, R v
(EAGGF — Clearance of accounts — 1995 financial year                               Secretary of State for the Home Department (1)
                           — Arable crops)
                                                                            (Freedom of movement for persons — Migrant worker —
                           (2002/C 274/02)                                  Rights of residence of members of the migrant worker’s
                                                                            family — Rights of the children to pursue their studies in
                                                                            the host Member State — Articles 10 and 12 of Regulation
                    (Language of the case: German)
                                                                            (EEC) No 1612/68 — Citizenship of the European Union —
                                                                            Right of residence — Directive 90/364/EEC — Limitations
(Provisional translation; the definitive translation will be published                                and conditions)
                    in the European Court Reports)
                                                                                                     (2002/C 274/03)
In Case C-377/99, Federal Republic of Germany (Agents:
                                                                                               (Language of the case: English)
initially by W.-D. Plessing and C.-D. Quassowski and sub-
sequently W.-D. Plessing and B. Muttelsee-Schön) v Com-
mission of the European Communities (Agents: M. Niejahr and
G. Braun) — application for partial annulment of Commission
Decision 1999/596/EC of 28 July 1999, amending Decision
1999/187/EC on the clearance of the accounts presented by                   In Case C-413/99: Reference to the Court under Article 234
the Member States in respect of the expenditure for 1995 of                 EC by the Immigration Appeal Tribunal (United Kingdom) for