CELEX: C2000/285/10
Language: en
Date: 2000-10-07 00:00:00
Title: Case C-304/00: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Crown Office), by order of that court of 26 January 2000, in the case of Regina against Ministry of Agriculture, Fisheries and Food, ex parte: W.H. Strawson (Farms) Ltd and J.A. Gagg & Sons (a firm)

C 285/6               EN                    Official Journal of the European Communities                                    7.10.2000
Reference for a preliminary ruling by the High Court of                Action brought on 9 August 2000 by the Commission of
Justice (England & Wales), Queen’s Bench Division                      the European Communities against the Kingdom of the
(Crown Office), by order of that court of 26 January 2000,                                        Netherlands
in the case of Regina against Ministry of Agriculture,
Fisheries and Food, ex parte: W.H. Strawson (Farms) Ltd                                         (Case C-306/00)
                 and J.A. Gagg & Sons (a firm)
                                                                                                (2000/C 285/11)
                        (Case C-304/00)
                                                                       An action against the Kingdom of the Netherlands was
                        (2000/C 285/10)
                                                                       brought before the Court of Justice on 9 August 2000 by the
                                                                       Commission of the European Communities, represented by
Reference has been made to the Court of Justice of the                 C. Van Der Hauwaert, of its Legal Service, acting as Agent,
European Communities by an order of the High Court of                  with an address for service in Luxembourg at the office of
Justice (England & Wales), Queen’s Bench Division (Crown               C. Gómez de la Cruz, of its Legal Service, Wagner Centre,
Office) of 26 January 2000, which was received at the Court            Kirchberg.
Registry on 10 August 2000, for a preliminary ruling in the
case of Regina against Ministry of Agriculture, Fisheries and
Food, ex parte: W.H. Strawson (Farms) Ltd and J.A. Gagg &              The applicant claims that the Court should:
Sons (a firm), on the following question:
                                                                       —     declare that, by failing within the prescribed time-
                                                                             limits to adopt the laws, regulations and administrative
In circumstances where                                                       provisions necessary in order to implement the provisions
(i)   as a result of an inspection the competent authority                   of Council Directive 97/76/EC (1) of 16 December 1997
      discovers that an applicant under Arable Area Payments                 amending Directive 77/99/EEC and Directive 72/462/EEC
      Scheme has made an error (otherwise than intentionally                 with regard to the rules applicable to minced meat, meat
      or as a result of gross negligence) which has resulted in              preparations and certain other products of animal origin,
      an over-declaration of area in the application for aid                 the Kingdom of the Netherlands has failed to fulfil its
      payments; and                                                          obligations under the Treaty;
(ii) the competent authority is satisfied by reason of that            —     order the Kingdom of the Netherlands to pay the costs.
      inspection and other checks that the applicant has made
      a corresponding error in previous years resulting in each
                                                                       Pleas in law and main arguments
      of those years in an overdeclaration of area in the
      application for aid payments:
                                                                       The mandatory nature of the provisions of the third paragraph
is the competent national authority required to reduce the area        of Article 249 EC and of the first paragraph of Article 10 EC
actually determined on inspection pursuant to Article 9 (2) of         obliges the Member States to adopt the measures necessary in
Commission Regulation (EEC) No. 3887/92 (1) for the purpose            order to comply with directives addressed to them within the
of calculating the aid due in respect of previous years?               time-limit prescribed for so doing. The time-limit laid down in
                                                                       Article 4 of Directive 97/76/EC expired on 1 January 1999
                                                                       but the Kingdom of the Netherlands has not adopted the
(1) of 23 December 1992 laying down detailed rules for applying
    the integrated administration and control system for certain
                                                                       necessary measures, apart from the already existing ‘1993
    Community aid schemes (OJ L 391, 31.12.1992, p. 36).               Rules on testing and trading in meat products’.
                                                                       (1) OJ 1998 L 10, p. 25.