CELEX: C1999/204/44
Language: en
Date: 1999-07-17 00:00:00
Title: Case C-127/99: Action brought on 14 April 1999 by the Commission of the European Communities against the Italian Republic

C 204/22                EN                      Official Journal of the European Communities                                        17.7.1999
                    ORDER OF THE COURT                                     ‘Must Article 79 of Regulation (EEC) No 259/68 (1), as
                                                                           subsequently amended, where it provides that: … the con-
                         of 21 April 1999                                  ditions of employment of local staff, in particular:
in Joined Cases C-28/98 and C-29/98 (references for a                      (a) the manner of their engagement and termination of their
preliminary ruling from the Tribunal de Grande Instance                         contract,
de Thionville): Marc Charreire (Case C-28/98), Jean Hirts-
mann (Case C-29/98) v Directeur des Services Fiscaux de                    (b) their leave, and
                            la Moselle (1)
                                                                           (c) their remuneration
   (References for a preliminary ruling — Inadmissibility)
                                                                           shall be determined by each institution in accordance with
                          (1999/C 204/42)                                  current rules and practice in the place where they are to
                                                                           perform their duties, be construed as meaning that the
                                                                           European institution is permitted to dispense with national
                    (Language of the case: French)                         legislation, with the consequence that rules of Community
                                                                           origin are alone applicable, or does it, in contrast, impose
                                                                           compliance with national legislation, particulary if that
(Provisional translation: the definitive translation will be published     national legislation is mandatory and binding in nature?’
                   in the European Court Reports)
In Joined Cases C-28/98 and C-29/98: two references to the                 (1) Council Regulation of 29.2.1968, OJ English Special Edition 1968
Court under Article 177 of the EC Treaty from the Tribunal de                  (I), p. 30.
Grande Instance de Thionville (France) for a preliminary ruling
in the proceedings pending before that court between Marc
Charreire (Case C-28/98), Jean Hirtsmann (Case C-29/98)
and Directeur des Services Fiscaux de la Moselle on the
interpretation of Article 95 of the EC Treaty — the Court,
composed of: G.C. Rodrı́guez Iglesias, President, P.J.G. Kap-
teyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presidents of
Chambers, G.F. Mancini, J.C. Moitinho de Almeida, C. Gul-
mann. J.L. Murray, D.A.O. Edward, H. Ragnemalm, L. Sevón
and M. Wathelet (Rapporteur) Judges; N. Fennelly, Advocate
General; R. Grass, Registrar, has made an order on 21 April                Action brought on 14 April 1999 by the Commission of
1999, the operative part of which is as follows:                             the European Communities against the Italian Republic
The references for a preliminary ruling made by the Tribunal de                                     (Case C-127/99)
Grande Instance de Thionville, by judgments of 21 March 1997, are
inadmissible.
                                                                                                    (1999/C 204/44)
(1) OJ C 94 of 28.3.1998.
                                                                           An action against the Italian Republic was brought before the
                                                                           Court of Justice of the European Communities on 14 April
                                                                           1999 by the Commission of the European Communities,
                                                                           represented by Paolo Stancanelli, of its Legal Service, acting as
                                                                           Agent, with an address for service in Luxembourg at the office
                                                                           of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
Reference for a preliminary ruling by the Pretura Circon-                  The applicant claims that the Court should:
dariale di Torino by order of 30 March 1999 in the case
    of Roberto Vitari v European Training Foundation
                                                                           — declare that the Italian Republic has failed to fulfil its
                                                                                obligations under Community law by failing to establish
                          (Case C-126/99)                                       one or more action programmes of the type and under the
                                                                                conditions provided for in Article 5 of Council Directive
                          (1999/C 204/43)                                       91/676/EEC (1) of 12 December 1991 concerning the
                                                                                protection of waters against pollution caused by nitrates
                                                                                from agricultural sources; by failing to carry out the
Reference has been made to the Court of Justice of the                          monitoring measures provided for in Article 6 of that
European Communities by order of 30 March 1999 from the                         directive; and by failing to draw up and submit a full report
Pretura Circondariale di Torino (District Magistrate’s Court,                   as required by Article 10 of that directive,
Turin), which was received at the Court Registry on 14 April
1999, for a preliminary ruling in the case of Roberto Vitari v
European Training Foundation on the following question:                    — order the Italian Republic to pay the costs.
 ---pagebreak--- 17.7.1999             EN                    Official Journal of the European Communities                                        C 204/23
Pleas in law and main arguments                                        The applicant claims that the Court of Justice should:
                                                                       — annul Commission Decisions 99/186/EC (1) and
Breach of Article 10 of Directive 91/676                                   99/187/EC (2) of 3 February 1999 as regards the financial
                                                                           adjustments imposed on the Kingdom of Spain, and
The Italian Republic has not fulfilled the obligation specifically
provided for by Article 10 of Directive 91/676 regarding the           — order the defendant to pay the costs.
preparation and submission to the Commission of a report in
respect of the period between 20 December 1991 and 20
December 1995, that is to say the four years following
notification of the directive, containing the information out-         Contentions and principal arguments adduced in support
lined in Annex V to the directive.
                                                                       The Kingdom of Spain contests:
Breach of Article 5 of Directive 91/676
                                                                       — the Commission decision of 3 February 1999 excluding
Article 5(1) requires Member States to establish action pro-               from Community financing certain expenditure incurred
grammes in respect of designated vulnerable zones within a                 by the Member States (199/186/EC), and
two-year period following the initial designation of such zones
or within one year of each additional designation following            — the Commission decision of 3 February 1999 on the
the four-yearly review of the situation provided for by                    clearance of the accounts presented by the Member States
Article 3(4).                                                              in respect of the expenditure for 1995 of the guarantee
                                                                           section of the European Agricultural Guidance and Guaran-
The Italian authorities have not yet drawn up one or more                  tee Fund (1999/187/EC),
action programme which are complete, consistent, coherent
and directed towards the attainment of the specific objectives         as regards the financial adjustments imposed in the following
of the directive within a four-year period, in breach of the           sectors:
express provisions of Article 5.
Breach of Article 6 of Directive 91/676                                (a) Arable crops
The Commission considers that the Italian Republic has also            — PTE 1 471 398 749 corresponding to 5 % of the expendi-
breached the requirement laid down by Article 6 of the                     ture incurred by the Autonomous Community of Aragon
directive in not monitoring fully and correctly the nitrate                in relation to certain matters relating to on-the-spot checks
concentration in freshwaters for the purpose of identifying                in respect of applications for area-linked aid managed by
contaminated waters with a view to designating vulnerable                  the said Autonomous Community.
zones.
                                                                           The minimum percentage to be achieved for checks,
                                                                           namely checks corresponding to 5 % of the applications
(1) OJ 1991 L 375, 31.12.1991, p. 1.                                       submitted, must be achieved at Member State level, not at
                                                                           provincial level and not at Autonomous Community level,
                                                                           as provided in Article 6(3) of Commission Regulation
                                                                           (EEC) No 3887/92 (3). The Autonomous Community of
                                                                           Aragon carried out adequate checks in accordance with
                                                                           the Community legislation and both the percentage of
                                                                           controls undertaken and the areas checked exceed Com-
                                                                           munity requirements. In fact, a total of 3 024 files (7,4 %
                                                                           of all applications) were checked using a criterion similar
                                                                           to that of tele-detection (at least 80 % of the cultivated area
Action brought on 15 April 1999 by the Kingdom of Spain                    included in the control zone). In terms of area checked, the
against the Commission of the European Communities                         total covered was about 11 500 hectares (8,7 % of the
                                                                           total area for which applications were submitted).
                        (Case C-130/99)
                                                                           The cases of alleged laxity found during in situ inspections
                                                                           carried out by EAGGF inspectors must be assessed in their
                        (1999/C 204/45)                                    proper perspective.
An action against the Commission of the European Communi-              — PTE 215 011 390: the financial adjustment imposed by
ties was brought before the Court of Justice on 15 April 1999              the Commission is based on the fact that Spain did not
by the Kingdom of Spain, represented by Mónica López-Monis               take the necessary steps, either in administrative checks or
Gallego, Abogado del Estado in the State Office for Proceedings            on-the-spot checks, to verify the plausibility of the yield
before the Court of Justice, with an address for service in                forecasts declared and the accuracy of the actual yields
Luxembourg at the Spanish Embassy, 4-6 Boulevard E. Servais.               obtained.