CELEX: C2000/302/16
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 July 2000 in Case C-45/97: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — 1992 and 1993 financial years)

21.10.2000               EN                     Official Journal of the European Communities                                              C 302/9
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                            of 4 July 2000                                                           (Sixth Chamber)
                                                                                                       of 6 July 2000
in Case C-352/98 P: Laboratoires Pharmaceutiques Berga-
derm SA and Jean-Jacques Goupil v Commission of the
                    European Communities (1)                               in Case C-45/97: Kingdom of Spain v Commission of the
                                                                                               European Communities (1)
(Appeal — Non-contractual liability of the Community —
                 Adoption of Directive 95/34/EC)                           (EAGGF — Clearance of accounts — 1992 and 1993
                                                                                                       financial years)
                           (2000/C 302/15)
                                                                                                      (2000/C 302/16)
                     (Language of the case: French)                                            (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                             in the European Court Reports)
                                                                           In Case C-45/97: Kingdom of Spain (Agent: R. Silva de
In Case C-352/98 P: Laboratoires Pharmaceutiques Bergaderm
                                                                           Lapuerta) v Commission of the European Communities
SA, in liquidation, established at Rungis, France, and Jean-
                                                                           (Agents: A.M. Alves Vieira and B. Vilá Costa) — application
Jacques Goupil, residing at Chevreuse, France, represented by
                                                                           for partial annulment of Commission Decision 96/701/EC of
J.-P. Spitzer and Y.-M. Moray, of the Paris Bar, with an address
                                                                           20 November 1996 amending Decision 96/311/EC on the
for service in Luxembourg at the Chambers of A. May, 398
                                                                           clearance of the accounts presented by the Member States in
Route d’Esch — appeal against the judgment of the Court of
                                                                           respect of the expenditure for 1992 of the Guarantee Section
First Instance of the European Communities (Third Chamber)
                                                                           of the European Agricultural Guidance and Guarantee Fund
of 16 July 1998 in Case T-199/96 Bergaderm and Goupil v
                                                                           (EAGGF) and in respect of certain expenditure for 1993 (OJ
Commission [1998] ECR II-2805, seeking to have that judg-
                                                                           1996 L 323, p. 26), as regards the part thereof relating to
ment set aside, the other parties to the proceedings being
                                                                           Spain — the Court (Sixth Chamber), composed of: P.J.G. Kap-
Commission of the European Communities (Agent: P. Van
                                                                           teyn, acting for the President of the Sixth Chamber, G. Hirsch
Nuffel, assisted by A. Barav), supported by French Republic
                                                                           (Rapporteur) and H. Ragnemalm, Judges; P. Léger, Advocate
(Agents: K. Rispal-Bellanger and R. Loosli-Surrans) — the
                                                                           General; R. Grass, Registrar, has given a judgment on 6 July
Court, composed of: G.C. Rodrı́guez Iglesias, President,
                                                                           2000, in which it:
J.C. Moitinho de Almeida, L. Sevón (Rapporteur) and
R. Schintgen, (Presidents of Chambers), P.J.G. Kapteyn,
J.-R. Puissochet, P. Jann, H. Ragnemalm, M. Wathelet, V. Skou-             1.    Annuls Commission Decision 96/701/EC of 20 November
ris and F. Macken, Judges; N. Fennelly, Advocate General;                        1996 amending Decision 96/311/EC on the clearance of the
D. Louterman-Hubeau, Principal Administrator, for the Regis-                     accounts presented by the Member States in respect of the
trar, has given a judgment on 4 July 2000, in which it:                          expenditure for 1992 of the Guarantee Section of the European
                                                                                 Agricultural Guidance and Guarantee Fund (EAGGF) and in
                                                                                 respect of certain expenditure for 1993, as regards the part
1.     Dismisses the appeal;                                                     thereof relating to Spain, in so far as it refuses to charge to the
                                                                                 EAGGF all of the aid granted to the Olivar de Segura
                                                                                 Cooperative and to the undertaking Agroalimentaria Minerva;
2.     Orders Laboratoires Pharmaceutiques Bergaderm SA, in liqui-
       dation, and Jean-Jacques Goupil to pay the costs;
                                                                           2.    Dismisses the remainder of the application;
3.     Orders the French Republic to bear its own costs.
                                                                           3.    Orders the Kingdom of Spain to pay the costs.
(1) OJ C 358 of 21.11.1998.
                                                                           (1) OJ C 94 of 22.3.1997.