CELEX: C2003/146/01
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-349/97: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — 1993)

21.6.2003                  EN                          Official Journal of the European Union                                                C 146/1
                                                                            I
                                                                      (Information)
                                                        COURT OF JUSTICE
                                                                  COURT OF JUSTICE
                    JUDGMENT OF THE COURT                                       2.    dismisses the remainder of the applcation;
                                                                                3.    orders the Kingdom of Spain to pay the costs.
                            (Sixth Chamber)
                              of 8 May 2003                                     (1 ) OJ C 370 of 6.12.1997.
in Case C-349/97: Kingdom of Spain v Commission of the
                      European Communities ( 1)
          (EAGGF — Clearance of accounts — 1993)
                                                                                                 JUDGMENT OF THE COURT
                             (2003/C 146/01)                                                             (Sixth Chamber)
                      (Language of the case: Spanish)                                                      of 8 May 2003
(Provisional translation; the definitive translation will be published          In Joined Cases C-328/99 and C-399/00: Italian Republic
                      in the European Court Reports)                            and SIM 2 Multimedia SpA v Commission of the European
                                                                                                         Communities ( 1)
                                                                                (Action for annulment — Decision 2000/536/EC — State
In Case C-349/97: Kingdom of Spain (Agent: S. Ortiz Vaamon-                                         aid granted to Seleco SpA)
de) v Commission of the European Communites (Agent:
X. Lewis, with M. Carro) — application for the annulment, in
                                                                                                          (2003/C 146/02)
so far as it concerns the Kingdom of Spain, of Commission
Decision 97/608/EC of 30 July 1997 amending Decision 97/
333/EC on the clearance of the accounts presented by the                                            (Language of the case: Italian)
Member States in respect of the expenditure for 1993 of the
Guarantee Section of the European Agricultural Guidance and                     (Provisional translation; the definitive translation will be published
Guarantee Fund (EAGGF) (OJ 1997 L 245, p. 20) — the Court                                          in the European Court Reports)
(Sixth Chamber), composed of: J.-P. Puissochet, President of
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,                     In Joined Cases C-328/99 and C-399/00, Italian Republic
Registrar, gave a judgment on 8 May 2003, in which it:                          (Agent: U. Leanza, assisted by O. Fiumara) and SIM 2
                                                                                Multimedia SpA (represented by A. Vianello) v Commission of
1.    annuls Commission Decision 97/608/EC of 30 July 1997                      the European Communities (Agent: G. Rozet, assisted by
      amending Decision 97/333/EC on the clearance of the accounts              A. Abate and E. Cappelli): Application, in Case C-328/99, for
      presented by the Member States in respect of the expenditure              annulment of Commission Decision 2000/536/EC of 2 June
      for 1993 of the Guarantee Section of the European Agricultural            1999 concerning State aid granted to Seleco SpA (OJ 2000
      Guidance and Guarantee Fund (EAGGF) in so far as concerns,                L 227, p. 24) and, in Case C-399/00, for annulment of
      first, the flat-rate correction of 100 % of aid declared concerning       Article 2(1) of that decision, in so far as it requires the Italian
      the company N. R. Sevillano and, second, the flat-rate correction         Republic to take the necessary measures to recover the aid
      of 10 % of the total eligible expenses for the establishment of           granted to Seleco SpA from Seleco Mulimedia Srl with regard
      the oil register;                                                         to the part not recoverable from the latter, the Court (Sixth