CELEX: C2002/097/12
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-54/02: Action brought on 14 February 2002 by the Italian Republic against the Commission of the European Communities

C 97/6                 EN                     Official Journal of the European Communities                                     20.4.2002
Action brought on 14 February 2002 by the Italian                        The Italian Government considers that it is constrained to
Republic against the Commission of the European Com-                     challenge the Commission’s decision in order to prevent the
                              munities                                   definitive nature of that decision from constituting an obstacle
                                                                         to the effects of the judgment to be delivered in Case C-231/00.
                          (Case C-54/02)
                                                                         In addition to challenging the reduction in the advances and
                                                                         in any event the definitive nature of the Commission’s
                          (2002/C 97/12)                                 determination, the Italian Government seeks annulment of the
                                                                         contested decision on the ground that it infringes Articles 3, 5
                                                                         and 8 of Regulation (EEC) No 729/70 (1) and inasmuch as (in
                                                                         relation to the 1995/96 period) it provides for reductions in
An action against the Commission of the European Communi-                advances which are greater than the levies which are to be paid
ties was brought before the Court of Justice of the European             to it.
Communities on 14 February 2002 by the Italian Republic,
represented by Umberto Leanza, acting as Agent, assisted by
Gianni De Bellis, avvocato dello Stato.
                                                                         1995/96 and 1996/97 periods: claim for default interest
The applicant claims that the Court should:                              In calculating the amount of the interest due on the additional
                                                                         levy payable each month for the period following the prescri-
—     annul Commission Decision 2001/889/EC of 12 Decem-                 bed date (1 September 1996 and 1 September 1997 respecti-
      ber 2001 in so far as it:                                          vely), the Commission has correctly excluded from the capital
                                                                         sum the amounts declared to the EAGGF from 1 September
      (a)   provides for a reduction in the advances on agricul-         1996 (and 1997) to December 2001; however, it has not
            tural expenditure, taking into account the interest          taken account of the reductions in the advances made in the
            relating thereto;                                            course of 1997.
      (b) alternatively, provides definitively rather than provi-        For the 1995/96 period, the Commission, working on the
            sionally for a reduction in the advances on agricultu-       basis of the reductions in the advances granted to Italy for
            ral expenditure, taking into account the interest            agricultural expenditure, has already obtained for the assets of
            relating thereto;                                            the Fund the entire amount of the additional levies (indeed, the
                                                                         reduction in the advance was even greater).
      (c)   fails to reimburse to Italy the sum of
            LIT 45 145 363 199 (EUR 23 315 634,29), the
            same having been improperly withheld;                        Likewise, the reduction in the advances for the 1996/97
                                                                         period, although not sufficient to cover the entire amount of
                                                                         the additional levies, was not taken into account in the interest
      (d) incorrectly determines the amount of any interest
                                                                         calculation.
            which may be due to the Fund without taking
            account of the reductions made in the advances;
                                                                         (1) OJ, English Special Edition 1970(1), p. 218.
—     order the Commission of the European Communities to
      pay the costs.
Pleas in law and main arguments
                                                                         Action brought on 22 February 2002 by Commission of
                                                                          the European Communities against Portuguese Republic
1996/97 period: reduction in advances and refusal of financing
                                                                                                    (Case C-55/02)
In Case C-231/00 Lattepiù the Tribunale Amministrativo
Regionale per il Lazio has referred for a preliminary ruling
under Article 234 EC a question on the correct interpretation                                       (2002/C 97/13)
of the Community rules applicable in the matter and on
whether the national rules should be disapplied. In those
circumstances, the Commission’s decision to exclude certain
expenditure by Italy from Community financing appears                    An action against the Portuguese Republic was brought
unacceptable on account of its definitive nature, which does             before the Court of Justice of the European Communities on
not seem to take account of the question referred for a                  22 February 2002 by the Commission of the European
preliminary ruling in the pending Case C-231/00, referred to             Communities, represented by Jörn Sack and Miguel França,
above.                                                                   acting as Agents, with an address for service in Luxembourg.