CELEX: C2002/084/02
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) 30 January 2002 in Case C-107/99: Italian Republic v Commission of the European Communities (Structural funds — Financing of Community initiatives — Alteration of indicative allocations)

C 84/2                   EN                       Official Journal of the European Communities                                           6.4.2002
      No 3559/91 of 6 December 1991, where it has not informed               amendments to the indicative allocation of Community initiat-
      the undertaking of that requirement within the period prescribed       ives, communicated to the Italian Republic by letter of
      by Article 3(2) of that regulation. Exceeding the time-limit           19 January 1999 from the Secretary-General of the Com-
      may be permissible where the competent national authority,             mission, and of all measures underlying or linked to that
      without negligence on its part, did not know the details of the        decision, the Court (Sixth Chamber), composed of: N. Colneric,
      undertaking’s sugar production and where that lack of knowl-           President of the Second Chamber, acting for the President of
      edge may reasonably be attributed to the undertaking, because          the Sixth Chamber, C. Gulmann, J.-P. Puissochet (Rapporteur),
      it has not acted in good faith and has not complied with all the       R. Schintgen and V. Skouris, Judges, Advocate General:
      relevant provisions.                                                   J. Mischo, Registrar: H.A. Rühl, Principal Administrator, has
                                                                             given a judgment on 30 January 2002, in which it:
3.    The competent national authority may, without infringing
      Articles 3 and 4 of Commission Regulation (EEC)
      No 3665/87 of 27 November 1987 laying down common                      1.    Annuls the Commission’s decision of 16 December 1998
      detailed rules for the application of the system of export refunds           approving amendments to the indicative allocation of Com-
      on agricultural products or the general principles of Community              munity initiatives, communicated to the Italian Republic by
      law, refuse to accept retrospectively an export declaration                  letter of 19 January 1999 from the Secretary-General of the
      presented for the purpose of obtaining export refunds and of                 Commission;
      extending the period allowed for supplying proof of export
      where, because the undertaking has applied for and obtained            2.    Orders the Commission of the European Communities to pay
      from that authority a C sugar export licence for sugar which it              the costs;
      was impossible to regard as C sugar, the undertaking has
      neither applied for nor obtained the export refunds to which it        3.    Orders Ireland and United Kingdom of Great Britain and
      would have been entitled if the sugar had been exported as A or              Northern Ireland to bear their own costs.
      B sugar.
                                                                             (1) OJ C 188 of 3.7.1999.
(1) OJ C 160 of 5.6.1999.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Sixth Chamber)                                                            (Sixth Chamber)
                           30 January 2002
                                                                                                      24 January 2002
in Case C-107/99: Italian Republic v Commission of the
                    European Communities (1)                                 in Case C-118/99: French Republic v Commission of the
                                                                                                European Communities (1)
(Structural funds — Financing of Community initiatives —
               Alteration of indicative allocations)                         (Clearance of accounts — EAGGF — 1995 financial year
                                                                                                       — Arable crops)
                            (2002/C 84/02)
                                                                                                       (2002/C 84/03)
                     (Language of the case: Italian)
                                                                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-107/99, Italian Republic (Agent: U. Leanza, assisted
by I. M. Braguglia), v Commission of the European Communi-
ties (Agents: E. de March, K. Simonsson and H. Speyart)                      In Case C-118/99, French Republic (agents: J.-F. Dobelle,
supported by Ireland (Agent: J. Payne, assisted by D. McGuin-                K. Rispal-Bellanger and C. Vasak), Republic of Finland
ness, SC, and E. Kent, solicitor) and by United Kingdom of                   (agent:T. Pynnä) v Commission of the European Communities
Great Britain and Northern Ireland (Agent: J. E. Collins, assisted           (agent: P. Oliver): Application for partial annulment of Com-
by D. Wyatt, QC,): Application for the annulment of the                      mission Decision 1999/187/EC of 3 February 1999 on the
Commission’s decision of 16 December 1998 approving                          clearance of the accounts presented by the Member States in