CELEX: C2000/302/28
Language: en
Date: 2000-10-21 00:00:00
Title: Case C-286/00: Action brought on 20 July 2000 by the Italian Republic against Commission of the European Communities

21.10.2000               EN                     Official Journal of the European Communities                                       C 302/15
Does the standard fee applicable under                                          decisions to classify certain actions as ‘new aid’ within the
                                                                                meaning of Article 92 of the EC Treaty (now, after
(a)   Council Directive 85/73/EEC (1) of 29 January 1985 in                     amendment, Article 87 EC) and to initiate the procedure
      conjunction with Council Decision 88/408/EEC (2) of                       under Article 88(2) EC (ex Article 93(2) of the EC Treaty)
      15 June 1988;                                                             if they consider that the measures in question are ‘existing
                                                                                aid’ falling to be treated under the different procedure
(b) Council Directive 85/73/EEC, as amended by Council                          provided for in Article 88(1) EC (ex Article 93(1) of the
      Directive 93/118/EEC (3) of 22 December 1993,                             EC Treaty).
      for the inspection of fresh meat intended for the domestic
      market in accordance with Council Directive 64/433/                  2.   The Italian Republic submits that the Commission mani-
      EEC (4) of 26 June 1964,                                                  festly erred in law in deciding what legal basis was
                                                                                appropriate for assessing the compatibility with Com-
(a)   as amended by Directive 89/662/EEC (5) of 11 December                     munity law of the national provisions at issue: it should
      1989;                                                                     have carried out its own exhaustive analysis exclusively
(b) as amended by Directive 91/497/EEC(6) of 29 July 1991,                      in relation to the provisions of the postal directive. That
                                                                                error as regards legal basis led in this case to a clear
                                                                                infringement of essential procedural requirements and
applicable pursuant to Council Directive 88/409/EEC (7) of                      misuse of powers, in that a procedure under Article 86(3)
15 June 1988, also cover the costs involved in carrying out                     EC was initiated, whereas any criticism alleging incorrect
inspections of fresh pigmeat for trichinae?                                     transposition of the postal directive should have been
                                                                                made under the procedure provided for in Article 226 EC
( 1) OJ 1985 L 32, p. 14.                                                       (ex Article 169 of the EC Treaty).
( 2) OJ 1988 L 194, p. 24.
( 3) OJ 1993 L 340, p. 15.
( 4) OJ, English Special Edition 1963-1964, p. 185.                             By taking that course of action, the Commission also
( 5) OJ 1989 L 395, p. 13.                                                      infringed Article 86(3) EC, which was not applicable to
( 6) OJ 1991 L 268, p. 69.                                                      this case, and Article 226 EC, through wrongful failure to
( 7) OJ 1988 L 194, p. 28.                                                      apply the latter.
                                                                                Finally, no reasons whatsoever were given for the Com-
                                                                                mission’s choosing a procedure different from that pre-
                                                                                scribed by Article 226 of the Treaty, although a statement
                                                                                of reasons was particularly necessary in view of the grave
Action brought on 20 July 2000 by the Italian Republic                          consequences of the choice made.
     against Commission of the European Communities
                           (Case C-286/00)
                           (2000/C 302/28)
An action against the Commission of the European Communi-
ties was brought before the Court of Justice on 20 July 2000
by the Italian Republic, represented by Ivo M. Braguglia and
Francesca Quadri, Avvocati dello Stato, with an address for
service in Luxembourg at the Italian Embassy, 5 Rue Marie-
Adélaïde.                                                                  Reference for a preliminary ruling by the Bundesverwal-
                                                                           tungsgericht by order of 27 April 2000 in the case of
                                                                           Fleischversorgung GmbH & Co. KG v Landrat of Neuss
The applicant claims that the Court should:
                                                                                                   Local Authority
—     annul the Commission’s letter of formal notice No SG
      (2000) — D/103687 dated 16 May 2000;
                                                                                                   (Case C-288/00)
—     order the Commission to pay the costs.
                                                                                                   (2000/C 302/29)
Contentions and principal arguments adduced in support
1.    The Italian Republic observes that letters before action,            Reference has been made to the Court of Justice of the
      despite being a preliminary to a possible decision under             European Communities by order of 27 April 2000 by the
      Article 86 EC (ex Article 90 of the EC Treaty), nevertheless         Bundesverwaltungsgericht (Federal Administrative Court),
      constitute measures which have external repercussions                which was received at the Court Registry on 21 July 2000, for
      and give rise immediately to adverse legal effects for their         a preliminary ruling in the case of Fleischversorgung GmbH &
      addressees. Accordingly, it is clear that the Member                 Co. KG v Landrat (Administrative Head) of Neuss Local
      States and interested parties may challenge Commission               Authority on the following question: