CELEX: C1998/278/45
Language: en
Date: 1998-09-05 00:00:00
Title: Action brought on 15 July 1998 by the Commission of the European Communities against the French Republic (Case C-256/98)

5.9.98                   EN                    Official Journal of the European Communities                                    C 278/25
Kingdom of Spain, represented by Santiago Ortiz                           Action brought on 15 July 1998 by the Commission of the
Vaamonde, Abogado del Estado, acting as Agent, with an                        European Communities against the French Republic
address for service in Luxembourg at the Spanish                                                   (Case C-256/98)
Embassy, 4Ð6 Boulevard Emmanuel Servais.
                                                                                                    (98/C 278/45)
The applicant claims that the Court of Justice should:
                                                                          An action against the French Republic was brought before
                                                                          the Court of Justice of the European Communities on
                                                                          15 July 1998 by the Commission of the European
Ð annul Commission Decision 98/324/EC (1) on the
                                                                          Communities, represented by Paolo Stancanelli, of its
     clearance of the accounts in respect of the expenditure
                                                                          Legal Service, and Olivier Couvert-CasteÂra, a national
     for 1997 of the Guarantee Section of the European
                                                                          civil servant on secondment to its Legal Service, acting as
     Agricultural Guidance and Guarantee Fund, as regards
                                                                          Agents, with an address for service in Luxembourg at the
     the financial adjustment imposed on Spain, and
                                                                          office of Carlos Gómez de la Cruz, Wagner Centre,
                                                                          Kirchberg.
Ð order the Commission to pay the costs.
                                                                          The Commission of the European Communities claims
                                                                          that the Court should:
Pleas in law and main arguments adduced in support:
                                                                          Ð declare that, by failing to adopt all the laws,
                                                                               regulations and administrative measures necessary in
Ð Infringement of essential procedural requirements and                        order to comply with Council Directive 92/43/EEC of
     lack of a statement of reasons:                                           21 May 1992 on the conservation of natural habitats
                                                                               and of wild fauna and flora (1), in that it has omitted
                                                                               to take the measures necessary in order to comply
     The contested Decision cannot incorporate a financial                     with Article 6 of that Directive, the French Republic
     adjustment since it was issued at the stage of clearance                  has failed to fulfil its obligations under that Directive
     of accounts (Article 5(2)(b) of Council Regulation                        and under the third paragraph of Article 189 of the
     (EEC) No 729/70 (2) and not at the stage of                               EC Treaty,
     verification of compliance (Article 5(2)(c) of
     Regulation (EEC) No 729/70). Only at the latter stage                Ð order the French Republic to pay the costs.
     is it appropriate to verify whether the expenditure
     incurred is in conformity with the Community
     provisions. Any financial adjustment made otherwise                  Pleas in law and main arguments adduced in support:
     than in connection with the clearance of accounts
     which is a preliminary to it is void through failure to
     follow the correct clearance procedure laid down in                  The pleas in law and main arguments are analogous to
     Commission Regulation (EC) No 1663/95 (3).                           those in Case C-250/98 (2); the time limit prescribed by
     Moreover, although the Kingdom of Spain has learned                  Article 23 of the Directive for its transposition expired on
     why the Commission doubted the correctness of a                      5 June 1994.
     particular budgetary item, it has been unable to
     ascertain why the Commission rejected the                            (1) OJ L 206, 22.7.1992, p. 7.
     explanations offered by the Kingdom of Spain.                        (2) See page 22 of this Official Journal.
Ð Infringement of the applicable Community law:
     The calculation made by the Spanish authorities is                   Appeal brought on 15 July 1998 by Arnaldo Lucaccioni
     correct and is in conformity with the applicable                     against the judgment delivered on 14 May 1998 by
     Council Regulation (EC) No 150/95 (4) and                            the Second Chamber of the Court of First Instance of
     Commission Regulations (EC) No 157/95 (5) and (EC)                   the European Communities in Case T-165/95 between
     No 158/95 (6).                                                       Arnaldo Lucaccioni and the Commission of the European
                                                                                                     Communities
(1 ) OJ L 141, 13.5.1998, p. 38.                                                                  (Case C-257/98 P)
(2 ) Official Journal, English special Edition 1970 I, p. 218.
(3 ) OJ L 158, 8.7.1995, p. 6.
                                                                                                    (98/C 278/46)
(4 ) OJ L 22, 31.1.1995, p. 1.
(5 ) OJ L 24, 1.2.1995, p. 1.
(6 ) OJ L 24, 1.2.1995, p. 4.                                             An appeal against the judgment delivered on 14 May
                                                                          1998 by the Second Chamber of the Court of First
                                                                          Instance of the European Communities in Case T-165/95
                                                                          between Arnaldo Lucaccioni and the Commission of the