CELEX: C2003/200/12
Language: en
Date: 2003-08-23 00:00:00
Title: Case C-193/03: Reference for a preliminary ruling by the Sozialgericht Stuttgart by order of that Court of 19 March 2003 in the case of Betriebskrankenkasse der Robert Bosch GmbH against Federal Republic of Germany, represented by the Bundesversicherungsamt

23.8.2003                EN                           Official Journal of the European Union                                         C 200/7
1.    Commission Regulation (EEC) No 3665/87 of 27 November                   Action brought on 13 May 2003 by Ireland against the
      1987 laying down common detailed rules for the application of                     Commission of the European Communities
      the system of export refunds on agricultural products, as
      amended by Commission Regulation (EC) No 1829/94 of
      26 July 1994 imposes no limit on the length of time by which
                                                                                                       (Case C-199/03)
      a time-limit may be extended for the benefit of an exporter
      under Article 47(4) of the regulation. It is for the competent
      national authorities to set the length of extensions of time in
      accordance with the particular circumstances of the case, taking                                 (2003/C 200/13)
      particular account of the degree of diligence with which the
      exporter seeking the extension of time has acted, the nature of
      the difficulties confronting the exporter and the amount of time
      which it will reasonably take to overcome those difficulties.
                                                                              An action against the Commission of the European Commu-
                                                                              nities was brought before the Court of Justice of the European
2.    Exporters have no right to apply directly to national courts for        Communities on 13 May 2003 by Ireland, represented by
      an extension of time of a specific duration but do have a legal         D. J. O'Hagan, acting as agent, assisted by P. Gallagher SC and
      right of recourse against decisions taken by competent national         P. McGarry, Barrister, with an address for service in Luxem-
      authorities under Article 47(4) of Regulation No 3665/87, as            bourg.
      amended by Regulation No 1829/94. The detailed rules and
      parameters of any such procedure shall be governed by the
      national law of the Member States, in accordance with the               The Applicant claims that the Court should:
      principles of effectiveness and equivalence as defined in Commu-
      nity law.
                                                                              1.    declare the action admissible;
(1) OJ C 44 of 16.2.2002.
                                                                              2.    annul Commission Decision C(2003)99 reducing assis-
                                                                                    tance granted from the European Social Fund under
                                                                                    Commission Decisions C(94)3226 of 29 November 1994
                                                                                    (operational programme for human resources develop-
                                                                                    ment) in the framework of the project 940002IR1;
                                                                                    C(94)1972 of 29 July 1994 (operational programme for
                                                                                    tourism), in the framework of the project 940001IR1;
                                                                                    C(94)2613 of 15 November 1994 (operational programme
Reference for a preliminary ruling by the Sozialgericht                             for industrial development), in the framework of the
Stuttgart by order of that Court of 19 March 2003 in the                            project 940004IR1, approving operational programmes
case of Betriebskrankenkasse der Robert Bosch GmbH                                  under objective 1 in Ireland, in whole or in part, or in
against Federal Republic of Germany, represented by the                             respect of such periods or amounts as the Court should
                       Bundesversicherungsamt                                       determine;
                             (Case C-193/03)
                                                                              3.    order the Commission to bear the costs of the proceed-
                                                                                    ings.
                             (2003/C 200/12)
Reference has been made to the Court of Justice of the
European Communities by order of the Sozialgericht Stuttgart
(Social Court, Stuttgart) of 19 March 2003, received at the                   Pleas in law and main arguments
Court Registry on 9 May 2003, for a preliminary ruling in the
case of Betriebskrankenkasse der Robert Bosch GmbH against
Federal Republic of Germany, represented by the Bundesversi-
cherungsamt on the following question:                                        1.    The Applicant submits that it is apparent from the
                                                                                    contested decision that the Commission manifestly failed
                                                                                    to properly consider the evidence furnished by Ireland
Whether Article 34 of Regulation (EEC) No 574/72 (1)                                which unambiguously demonstrated that in fact there was
precludes a practice, in implementation of Paragraph 13(3)                          no overpayment or overfinancing in relation to ESF
SGB V, of flat-rate reimbursement by an insurer of costs for                        eligible projects. Because of a mistaken characterisation
medical treatment in another Community country, on the                              of the exercise carried out by Ireland to demonstrate that
model of similar provisions on small amounts.                                       no such claim of overpayment or overfinancing occurred,
                                                                                    and because of its mistaken belief that the evidence
                                                                                    adduced by Ireland somehow would have an impact on
(1) OJ L 74 of 27.3.1972, p. 1.                                                     the financial tables, the Commission failed to properly
                                                                                    consider the evidence and drew incorrect conclusions
                                                                                    from certain elements.