CELEX: C2002/084/84
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-489/01: Action brought on 17 December 2001 by the Commission of the European Communities against the United Kingdom

6.4.2002               EN                     Official Journal of the European Communities                                           C 84/49
Action brought on 17 December 2001 by the Commission                     Communities on 24 December 2001 by the Kingdom of the
of the European Communities against the United                           Netherlands, represented by H.G. van Sevenster, C.M. Wissels
                             Kingdom                                     and J. van Bakel, acting as Agents.
                         (Case C-489/01)
                          (2002/C 84/84)                                 The applicant claims that the Court should: annul the contested
                                                                         decision (1) in so far as the Community financial contribution
                                                                         fixed for the eradication of classical swine fever in the
                                                                         Netherlands in 1998 represents a reduction of 25 % in
An action against the United Kingdom was brought before the              the compensation paid to livestock farmers, and order the
Court of Justice of the European Communities on 17 December              Commission to pay the costs.
2001 by the Commission of the European Communities,
represented by Ms Christina Tufvesson, acting as agent, with
an address for service in Luxembourg.
The Applicant claims that the Court should:
                                                                         Pleas in law and main arguments
1)    declare that by failing to adopt the laws, regulations and
      administrative provisions necessary to comply, as regards
      the territory of Gibraltar, with Directive 97/9/EC (1) of the      —     Incorrect factual basis: none of the six files selected by the
      European Parliament and of the Council of 3 March 1997                   Commission contains any mention of any irregularities
      on investor-compensations schemes, or, in any case, by                   which might be of a repetitive and systematic nature and
      not notifying these measures to the Commission, the                      which might form the factual basis for the imposition of
      United Kingdom has failed to fulfil its obligations under                a reduction.
      Article 15 of this Directive;
2)    order the United Kingdom to pay the costs.                         —     Infringement of the law: Council Decision 90/424/EEC
                                                                               on expenditure in the veterinary field (2) makes no
                                                                               provision for the application of a general reduction. The
                                                                               concept of ‘adequate’ compensation (seventh indent in
Pleas in law and main arguments
                                                                               Article 3(2) of Decision 90/424/EEC) is not defined in
                                                                               Directive 80/217/EEC or in Decision 90/424/EEC or
Article 249 EC, under which a directive shall be binding as to                 anywhere else in Community law. The Commission’s
the result to be achieved, upon each Member State, carries by                  assertion that, in the application of the concept of
implication an obligation on the Member States to observe the                  adequate compensation as interpreted by the Netherlands,
period for compliance laid down in the directive. That period                  too high a value was placed on swine, disregards the
expired on 26 September 1998 without the United Kingdom                        content and scope of the applicable Netherlands rules.
having enacted the provisions necessary to comply with the                     In addition, the Commission incorrectly ignores the
directive referred to in the conclusions of the Commission, as                 discretionary power in the matter which is enshrined in
regards the territory of Gibraltar.                                            the Community rules.
(1) OJ L 84, 26.3.1997, p. 22.                                           —     Violation of the principle of proportionality.
                                                                         —     Violation of the principle of legal certainty.
                                                                         —     Non-compliance with the obligation to provide a state-
Action brought on 24 December 2001 by the Kingdom of                           ment of reasons.
the Netherlands against the Commission of the European
                           Communities
                         (Case C-501/01)                                 (1) Commission Decision 2001/739/EC of 17 October 2001 on the
                                                                             total amount of Community aid for the eradication of classical
                                                                             swine fever in the Netherlands in 1998.
                          (2002/C 84/85)                                 (2) OJ 1990 L 224, p. 19.
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European