CELEX: C2005/006/09
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-249/02: Portuguese Republic v Commission of the European Communities (Agriculture — Common agricultural policy — Financing by the EAGGF — Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission — Power of the Commission to reduce sums paid as advances — Letter from a Director-General of the Commission informing the Member State of that reduction — Act having binding legal effects)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/6
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 11 November 2004
   in Case C-249/02: Portuguese Republic v Commission of the European Communities (1)
   
   (Agriculture - Common agricultural policy - Financing by the EAGGF - Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission - Power of the Commission to reduce sums paid as advances - Letter from a Director-General of the Commission informing the Member State of that reduction - Act having binding legal effects)
   (2005/C 6/09)
   Language of the case: Portuguese
   In Case C-249/02: action for annulment under Article 230 EC, brought on 1 July 2002, between Portuguese Republic (Agent: L. Fernandes, assisted by C. Botelho Moniz and E. Maia Cadete) and Commission of the European Communities (Agent: L. Visaggio, assisted by N. Castro Marques) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 11 November 2004, in which it:
   
               1.
            
            
               Annuls the decision contained in the letter of the Director-General of the Directorate-General for Agriculture of the Commission of the European Communities of 18 April 2002 concerning a reduction in advances extended in the 2002 financial year in accordance with Article 39(3) of Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), as most recently amended by Commission Regulation (EC) No 1763/2001 of 6 September 2001;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 219 of 14.9.2002.