CELEX: C2004/071/01
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-271/01 (Reference for a preliminary ruling from the Consiglio di Stato ): Ministero delle Politiche Agricole e Forestali v Consorzio Produttori Pompelmo Italiano Soc. coop. arl (COPPI) (Agriculture — EAGGF — Cancellation of financial assistance — Regulation (EEC) No 4253/88 — Articles 23 and 24 — Supervisory powers of the Commission and Member State respectively)

20.3.2004               EN                           Official Journal of the European Union                                                 C 71/1
                                                                          I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       No 4253/88 of 19 December 1988 laying down provisions
                                                                             for implementing Regulation (EEC) No 2052/88 as regards
                                                                             coordination of the activities of the different Structural Funds
                         (Sixth Chamber)                                     between themselves and with the operations of the European
                                                                             Investment Bank and the other existing financial instruments
                        of 22 January 2004                                   (OJ 1988 L 374, p. 1), as amended by Regulation (EEC)
                                                                             No 2082/93 of 20 July 1993 (OJ 1993 L 193, p. 20), and of
                                                                             Article 8 of Council Regulation (EEC) No 729/70 of 21 April
in Case C-271/01 (Reference for a preliminary ruling from                    1970 on the financing of the common agricultural policy (OJ,
the Consiglio di Stato ): Ministero delle Politiche Agricole                 English Special Edition, 1970(I), p. 218), the Court (Sixth
e Forestali v Consorzio Produttori Pompelmo Italiano                         Chamber), composed of: C. Gulmann, acting for the President
                     Soc. coop. arl (COPPI) (1)                              of the Sixth Chamber, J.N. Cunha Rodrigues, J.-P. Puissochet,
                                                                             R. Schintgen and F. Macken (Rapporteur), Judges; S. Alber,
(Agriculture — EAGGF — Cancellation of financial assist-                     Advocate General; M.-F. Contet, Principal Administrator, for
ance — Regulation (EEC) No 4253/88 — Articles 23 and 24                      the Registrar, has given a judgment on 22 January 2004, in
— Supervisory powers of the Commission and Member State                      which it has ruled:
                            respectively)
                                                                             The first subparagraph of Article 23(1) of Council Regulation (EEC)
                          (2004/C 71/01)                                     No 4253/88 of 19 December 1988, laying down provisions for
                                                                             implementing Regulation (EEC) No 2052/88 as regards coordi-
                    (Language of the case: Italian)                          nation of the activities of the different Structural Funds between
                                                                             themselves and with the operations of the European Investment Bank
                                                                             and the other existing financial instruments, as amended by Council
(Provisional translation; the definitive translation will be published       Regulation (EEC) No 2082/93 of 20 July 1993, is to be interpreted
                   in the European Court Reports)                            as meaning that, in the context of an action programme financed by
                                                                             the European Agricultural Guidance and Guarantee Fund (EAGGF),
                                                                             where an examination reveals a breach of the conditions laid down
                                                                             for the implementation of a programme’s operations, a Member State
In Case C-271/01: Reference to the Court under Article 234                   which has granted financial assistance from the EAGGF may, in
EC by the Consiglio di Stato (Italy) for a preliminary ruling in             order to prevent and to take action against irregularities, revoke that
the proceedings pending before that court between Ministero                  assistance and require partial repayment thereof from the final
delle Politiche Agricole e Forestali and Consorzio Produttori                recipients.
Pompelmo Italiano Soc. coop. arl (COPPI), on the interpret-
ation of Article 19 of Council Regulation (EEC) No 355/77 of
15 February 1977 on common measures to improve the                           (1) OJ C 275 of 29.9.2001.
conditions under which agricultural products are processed
and marketed (OJ 1977 L 51, p. 1), as amended by Council
Regulation (EEC) No 1932/84 of 19 June 1984 (OJ 1984
L 180, p. 1), of Article 23 of Council Regulation (EEC)