CELEX: C1997/295/15
Language: en
Date: 1997-09-27 00:00:00
Title: Action brought on 7 July 1997 by the Federal Republic of Germany against the Commission of the European Communities (Case C-245/97)

27 . 9 . 97            EN                    Official Journal of the European Communities                                         C 295/9
                  ORDER OF THE COURT                                           — of DM 608 503,40 for 'expenditure in promoting
                        (Third Chamber)                                              the sale of milk ', and
                         of 14 July 1997                                       — of DM 485 466,68 by reason of ' failure to comply
in Case C-3 88/96 : Glasoltherm Sari v. Commission of the                            with payment deadlines',
European Communities, Electricite de France and HLM
                   'Colomiers Habitat' SA (')                                  are not to be paid by the EAGGF but are charged to
           (Formal inadmissibility of the application)                         the Federal Republic of Germany,
                            ( 97/C 295/ 14 )
                                                                        — order the defendant to pay the costs of the
                                                                               proceedings .
                 (Language of the case: French)
                                                                        Pleas in law and main arguments adduced in support:
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                     — ( Expenditure in promoting the sale of milk )
In Case C-388/96 : Glasoltherm Sari, in liquidation, having                    The charging of the item cited in the application,
                                                                               which arose from two contracts which the former
its seat for the purposes of the liquidation at Orsay,
France v. Commission of the European Communities,                              Federal Office for the Organization of the Agricultural
Electricite de France, having its seat in Paris, and HLM                       Markets ( BALM ) had concluded on behalf of the
' Colomiers Habitat' SA, having its seat at Colomiers,                         Commission in promoting the sale of milk and milk
France — the Court (Third Chamber), composed of: J. C.                         products within the framework of Regulations ( EEC )
Moitinho de Almeida, President of Chamber, C. Gulmann                          No 465/92 ( ] ) and ( EEC ) No 585/93 ( 2 ), is justified by
 ( Rapporteur) and J.-P. Puissochet, Judges; G. Cosmas,                        the Commission on the ground of failure to comply
Advocate-General ; R. Grass, Registrar, has made an order                      with a requirement concerning the content of the
on 14 July 1997, the operative part of which is at follows :                   interim reports of the successful tenderer for which no
                                                                               provision existed in the relevant Community law.
                                                                               According to the standard contracts provided for at
 The action is inadmissible.                                                   that time under the above regulations, final reports
                                                                               were required to contain cost-benefit analyses,
 n OJ C 40, 8 . 2 . 1997.                                                      whereas interim reports were not so required. It was
                                                                                only for subsequent programmes and measures — thus
                                                                                for the continuation of advertising measures
                                                                                subsequent to Regulations ( EEC ) No 465/92 and
                                                                                ( EEC ) No 585/93 — that the new sample contracts
                                                                                contained corresponding clauses .
 Action brought on 7 July 1997 by the Federal Republic                  — ( Failure to comply with payment deadlines in respect
 of Germany against the Commission of the European                              of aid for set-aside )
                              Communities
                          ( Case C-245/97 )
                                                                                The provision in Article 15 ( 2 ) of Regulation (EEC )
                             ( 97/C 295/15 )                                    No 2069/91 ( 3 ), under which the amount of aid had to
                                                                                be paid by 31 December 1992 at the latest, was
                                                                                complied with. There is no basis in law for excluding
 An action against the Commission of the European                               the portion of that amount payable by the Community
  Communities was brought before the Court of Justice                           from clearance of the accounts on the ground that it
  of the European Communities on 7 July 1997 by the                             was not until May 1993 that this portion was claimed
  Federal Republic of Germany, represented by Ernst                             from the Community by way of Table 104 . The
  Roder, Ministerialrat, and Claus-Dieter Quassowski ,                          Commission's working document of 4 January 1993
  Regierungsdirektor, Federal Ministry of Economic Affairs,                      ( Document VI/488/92 DE ) governs solely the graded
  D-53107 Bonn .                                                                rejection of amounts which were not paid to end
                                                                                recipients within the periods laid down by Community
                                                                                law. It does not provide for any sanctions in the case
  The applicant claims that the Court should:                                    of late notification to the Community of amounts
                                                                                which end recipients did receive within the specified
  — set aside the Commission decision of 23 April 1997 —                        periods .
      C(97 ) 1180 final — on the clearance of the accounts
      presented by the Member States in respect of the                   ( 1 ) OJ L 53 , 28 . 2 . 1992, p. 8 .
      expenditure for 1993 on the Guarantee Section of the               ( 2 ) OJ L 61 , 13 . 3 . 1993 , p . 26 .
      European Agricultural Guidance and Guarantee Fund                  ( 3 ) OJ L 191 , 16 . 7. 1991 , p . 19 .
      ( EAGGF ) in so far as Article 2 thereof provides that
      the amounts :