CELEX: C1999/226/34
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-208/99: Action brought on 1 June 1999 by the Portuguese Republic against the Commission of the European Communities

7.8.1999                EN                       Official Journal of the European Communities                                      C 226/21
3. Must the fees paid for such services be calculated in the                    — C(1999)544, which withdraws the assistance granted
     light of the cost involved in providing the service?                            to Floreurop - Productos Florestais Lda by Commission
                                                                                     Decision C(96)2211 of 13 September 1996 concern-
4. Are such costs those incurred in taking the action and in                         ing the grant of an EAGGF, Guarantee Section, contri-
     maintaining the facilities necessary for taking it?                             bution under Council Regulation (EEC) No 4256/88
                                                                                     for project No 94.PT.06.015, entitled ‘Demonstration
                                                                                     Project to accelerate agricultural diversification in
5. May the criterion of the economic benefit which the user                          Madeira by introducing products intended for the
     obtains from the action taken be applied in calculating the                     uharmaceutical industry (tea tree oil)’
     amount payable for such action?
                                                                                to the extent to which they are addressed to the Portuguese
                                                                                Republic;
(1) OJ, English Special Edition, 1969 (II), p. 412.
                                                                            — Order the Commission to pay the costs.
                                                                            Pleas and principal arguments
                                                                            — Breach of the obligation to state reasons (Article 253 EC);
                                                                            — Infringement of Article 23(1) third indent and Article 24
Action brought on 1 June 1999 by the Portuguese                                 of Regulation (EEC) No 4253/88 (2) in that, on a correct
Republic against the Commission of the European Com-                            interpretation and application of those provisions to the
                              munities                                          projects in question, only the beneficiary undertakings
                                                                                should be responsible for repaying the amounts received:
                                                                                the assistance in question was granted and controlled
                          (Case C-208/99)                                       directly and solely by the European Commission without
                                                                                any involvement of the national management and moni-
                                                                                toring bodies. Nor can the fact that the national authorities
                          (1999/C 226/34)                                       simply accompanied the Commission inspectors be regard-
                                                                                ed as participation in the control process. The Member
                                                                                State cannot be held responsible for irregularities arising
An action against the Commission of the European Communi-                       in the implementation of such projects nor can it be the
ties was brought before the Court of Justice on 1 June 1999                     addressee of decisions requiring the recovery of funds used
by the Portuguese Republic, represented by Luı́s Fernandes,                     improperly.
Angelo Seiça Neves and Paula Fragão, acting as Agents, with
an address for service in Luxembourg at the Portuguese
Embassy, 33 Allée Scheffer, Luxembourg.                                     (1) OJ L 374 of 31.12.1988, p. 25.
                                                                            (2) OJ L 394 of 31.12.1988, p. 14.
The applicant claims that the Court of Justice should:
— Uphold this application and therefore annul the following
     decisions:
     — C(1999)543, which withdraws the assistance granted
         to Belgravia Lda b, Commission Decision C(93)3403
         of 26 November 1993 concerning the grant of an
         EAGGF, Guarantee Section, contribution under                       Action brought on 4 June 1999 by the Commission of the
         Council Regulation (EEC) No 4256/88 (1) for project                    European Communities against the Italian Republic
         No 93.PT.06.023, entitled ‘Demonstration Project for
         introduction of the cultivation of sea kale’,                                              (Case C-212/99)
     — C(1999)545, which withdraws the assistance granted                                           (1999/C 226/35)
         to Ordinal-Gestão de Investimentos Lda by Com-
         mission Decision C(93)1606 of 21 June 1993 concern-
         ing the grant of an EAGGF, Guarantee Section, contri-              An action against the Italian Republic was brought before the
         bution under Council Regulation (EEC) No 4256/88                   Court of Justice of the European Communities on 4 June 1999
         for project No 93.PT.06.002, entitled ‘Pilot and Dem-              by the Commission of the European Communities, represented
         onstration Project for turning to account three Mediter-           by Pieter Jan Kuijper and Enrico Traversa, Legal Advisers acting
         ranean plants (fennel, balm and parsley) through the               as Agents, with an address for service in Luxembourg at the
         extraction of essential oils for the agro-food industry’,          office of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.