CELEX: C1996/210/03
Language: en
Date: 1996-07-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 6 June 1996 in Case C-198/94: Italian Republic v. Commission (Clearance of EAGGF accounts - 1991 financial year)

No C 210/2            EN                    Official Journal of the European Communities                                     20 . 7 . 96
Regulation ( EEC ) No 764/89 ( OJ No L 84, 1989 , p . 2 ) and          3 . Consideration of Article 3 (a), and in particular the
by Council Regulation ( EEC ) No 1639/91 ( OJ No L 150,                       second indent of the last subparagraph ofparagraph (1 ),
1991 , p . 35 ) — the Court ( Fifth Chamber ) composed of:                    of Regulation (EEC) No 857/84, as amended by
D. A. O. Edward, President of the Chamber, J. C. Moitinho                     Regulation (EEC) No 764/89 and Regulation (EEC)
de Almeida, C. Gulmann ( Rapporteur ), P. Jann and                            No 1639/91 , in so far as that provision excludes
L. Sevon, Judges; P. Léger, Advocate-General; L. Hewlett,                     producers finding themselves in the abovementioned
Administrator, for the Registrar, gave a judgment on 6 June                   circumstances from the award of a special reference
1996 , the operative part of which is as follows :                            quantity, has not revealed any factor ofsuch a kind as to
                                                                              affect its validity in the light of the principle of the
                                                                              protection of legitimate expectations.
As regards Ecroyd Limited
                                                                       (•) OJ No C 218 , 6 . 8 . 1994 .
1 . The competent national authority had no duty under
    Council Regulation (EEC) No 857/84 of 31 March
    1 984 adopting general rules for the application of the
    levy referred to in Article 5 (c) of Regulation (EEC)
    No 804/68 in the milk and milk products sector, as
    amended by Council Regulation (EEC) No 764/89 of
    20 March 1 989, and in particular under Article 3 (a) (1 )
    thereof, to award a provisional special reference
    quantity to producers finding themselves in the
                                                                                        JUDGMENT OF THE COURT
    circumstances described under points (a) to (e) of
    Question 1 , nor did it have the power to do so .                                            ( Fifth Chamber)
                                                                                                  of 6 June 1996
2 . The competent national authority had no duty,                           in Case C-l 98/94 : Italian Republic v. Commission (^
    following the judgment of 3 December 1992 in Case                     (Clearance of EAGGF accounts — 1991 financial year)
    C-264/90 Wehrs v. Hauptzollamt Liineburg, to award a
                                                                                                   ( 96/C 210/03 )
    provisional special reference quantity to producers
    finding      themselves      in     the     abovementioned
    circumstances, nor did it have the power to do so.
                                                                                         (Language of the case: Italian)
3 . Article 3 (a) (1 ) of Regulation (EEC) No 857/84, as
    amended by Regulation (EEC) No 764/89, is invalid in               (Provisional translation; the definitive translation will be
    so far as it excludes producers finding themselves in the                     published in the European Court Reports)
    abovementioned circumstances from the award of a
    special reference quantity.
                                                                       In Case C-l 98/94 : Italian Republic ( Agent: Umberto
                                                                       Leanza, assisted by Maurizio Fiorilli ) v . Commission of the
4 . Before the adoption of further Community legislation               European Communities ( Agent: Eugenio de March, assisted
    intended to cure the invalidity found, the competent               by Alberto Dal Ferro ) — application for the annulment of
    national authority has no duty to award a special                  Commission Decision C(94 ) 1011 final, of29 April 1994 on
    reference quantity to producers finding themselves in              the clearance of accounts of Italy for certain expenditure
    the abovementioned circumstances, nor does it have the
                                                                       financed by the European Agricultural Guidance and
    power to do so.                                                    Guarantee Fund ( EAGGF ), Guarantee Section, for the
                                                                       financial year 1991 — the Court ( Fifth Chamber ) composed
As regards Rupert Ecroyd                                               of: D. A. O. Edward, President of the Chamber, J. -P.
                                                                       Puissochet, J. C. Moitinho de Almeida , C. Gulmann
                                                                       ( Rapporteur ) and M. Wathelet, Judges; P. Léger,
1 . The competent national authority had no duty under                 Advocate-General; H. A. Rùhl , Principal Administrator, for
    Regulation (EEC) No 857/84, as amended by                          the Registrar, has given a judgment on 6 June 1 996 , in which
    Regulation (EEC) No 764/89 and by Council                          it :
    Regulation (EEC) No 1639/91 of 13 June 1991 , and in
    particular by the second indent of the last subparagraph
    of Article 3 (a) ( 1 ) thereof, to award a special reference       1 , dismisses the application;
    quantity to producers finding themselves in the
    circumstances described under points (a) to (k) of
    Question 1 , nor did it have the power to do so .                  2 , orders the Italian Republic to pay the costs.
2 . The competent national authority had no duty,                      ( 1 ) OJ No C 254, 10 . 9 . 1994 .
    following the judgment in Wehrs, cited above, to award
    a special reference quantity to producers finding
    themselves in the abovementioned circumstances, nor
    did it have the power to do so .