CELEX: C1997/295/11
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 17 July 1997 in Case C-17/96 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Badische Erfrischungs-Getränke GmbH & Co. KG v. Land Baden-Württemberg (Natural mineral water - Definition - Water favourable to health)

27 . 9 . 97           EN                 Official Journal of the European Communities                                       C 295/7
Bench Division, for a preliminary ruling in the proceedings               imposes the sanction of loss of the entire payment
pending before that court between The Queen and                           related to a specific area on a farmer when the area of
Minister for Agriculture , Fisheries and Food, ex parte:                  land as actually determined is found to be more than
National Farmers' Union and Others, on the                                20% smaller than that declared in the aid application
interpretation and validity of Article 9 of Commission                    and there is no false intention or serious negligence.
Regulation ( EEC ) No 3887/92 of 23 December 1992
laying down detailed rules for applying the integrated              (>) OJ C 351 , 30 . 12 . 1995 .
administration and control system for certain Community
aid schemes ( OJ L 391 , 31 . 12 . 1992, p. 36 ), the Court
( Sixth Chamber ), composed of: G. F. Mancini
( Rapporteur ), President of the Chamber, J. L. Murray and
R J. G. Kapteyn, Judges; R Leger, Advocate-General; L.
Flewlett, Administrator, for the Registrar, gave a judgment
on 17 July 1997, the operative part of which is as follows:
                                                                                    JUDGMENT OF THE COURT
                                                                                               ( First Chamber)
1 . Article 9 (2) to (4) of Commission Regulation (EEC)
     No 3887/92 of 23 December 1992 laying down                                                of 17 July 1997
     detailed rules for applying the integrated                     in Case C-17/96 (reference for a preliminary ruling from
     administration and control system for certain                  the Bundesverwaltungsgericht ): Badische Erfrischungs­
     Community aid schemes, prior to the entry into force           Getränke GmbH & Co. KG v. Land Baden-Württemberg (')
     of Commission Regulation (EC) No 1648/95 of 6 July
     199S, must be interpreted as precluding any payment            (Natural mineral water — Definition — Water favourable
     linked to the arable areas when the difference between                                         to health )
     the area of set-aside land declared and that determined
                                                                                                 ( 97/C 295/ 11 )
     on inspection by the competent authorities exceeds
     20% and there is no false intention or serious
     negligence. However, in the light of Articles 1 (2) and                         (Language of the case: German)
     2 (2) of Council Regulation (EC, Euratom) No 2988/
     95 of 18 December 1995 on the protection of the
     European Communities ' financial interests, under
     which less severe penalties introduced by subsequent              (Provisional translation; the definitive translation will be
     amendments to Community provisions must be                                published in the European Court Reports)
     applied retroactively, the amendments made to
     Article 9 (4) of Regulation (EEC) No 3887/92 by
     Regulation (EC) No 1648/95 apply to circumstances              In Case C-17/96 : reference to the Court under Article 177
     which occurred before its entry into force.                    of the EC Treaty from the Bundesverwaltungsgericht
     Consequently, the calculation of the maximum eligible          ( Federal Administrative Court ) for a preliminary ruling in
     area for the compensatory payments for arable crop             the proceedings pending before that court between
     producers must be made, under Article 9 (4) of                 Badische Erfrischungs-Getranke GmbH & Co . KG and
     Regulation (EEC) No 3887/92, as amended by                     Land Baden-Wurttemberg — on the interpretation of
     Regulation (EC) No 1648/95, on the basis of the area           Council Directive 80/777/EEC of 15 July 1980 on the
     of set-aside land actually determined and on a pro rata        approximation of the laws of the Member States relating
     basis for each crop concerned.                                 to the exploitation and marketing of natural mineral
                                                                    waters ( OJ L 229, 3 . 8 . 1980 , p. 1 ) — the Court ( First
                                                                    Chamber ), composed of: L. Sevon, President of the
2 . Article 9 (2) to (4) of Regulation    (EEC) No 3887/92          Chamber, P. Jann and M. Wathelet ( Rapporteur ), Judges;
     must be interpreted as precluding   the payment of any         M. B. Elmer, Advocate-General ; H. von Holstein,
     premium for bovine animals to         farmers when the         Assistant Registrar, for the Registrar, has given a judgment
     forage area as actually determined   is found to be more       on 17 July 1997, in which it has ruled:
     than 20% smaller than that declared in the area aid
     application and there is no false intention or serious
     negligence.                                                    Article 1 (1 ) of Council Directive 80/777/EEC of 15 July
                                                                     1980 on the approximation of the laws of the Member
                                                                    States relating to the exploitation and marketing of
 3 . Consideration of Article 9 (2) to (4) of Regulation            natural mineral waters, in conjunction with Annex I,
      (EEC) No 3887/92 has disclosed no factors of such a           Section I, paragraphs 1 and 2, thereto, must be interpreted
     kind as to affect its validity in the light of the             as precluding a Member State from making the
     principles of proportionality, legal certainty and non­        recognition of water as natural mineral water dependent
     discrimination .                                                on its possessing properties favourable to health.
                                                                     (') OJ C 77, 16 . 3 . 1996 .
 4 . Consideration of Regulation (EEC) No 3887/92 has
     disclosed no factors of such a kind as to affect the
      validity of Article 9 (2) to (4) thereof in so far as it