CELEX: C2004/300/01
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-153/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 to 1998 — Decision 2001/137/EC)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/1
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 7 October 2004
   in Case C-153/01: Kingdom of Spain v Commission of the European Communities (1)
   
   (EAGGF - Clearance of accounts - Financial years 1996 to 1998 - Decision 2001/137/EC)
   (2004/C 300/01)
   Language of the case: Spanish
   In Case C-153/01: action for partial annulment under Article 230 EC, brought on 9 April 2001, by Kingdom of Spain (Agent: S. Ortiz Vaamonde) against Commission of the European Communities (Agent: S. Pardo Quintillán) — the Court (Second Chamber), composed of: C. W. A. Timmermans, President of the Chamber, C. Gulmann, J. N. Cunha Rodrigues, R. Schintgen and F. Macken (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 7 October 2004, in which it:
   
               1.
            
            
               Annuls Commission Decision 2001/137/EC of 5 February 2001 excluding from community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it applies to the Kingdom of Spain a financial correction corresponding to the sum of 2 426 259 870 ESP in respect of interest due under the additional milk levy scheme;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Kingdom of Spain to pay four fifths of the costs;
            
         
               4.
            
            
               Orders the Commission of the European Communities to pay one fifth of the costs.
            
         
      (1)  OJ C 186 of 30.6.2001.