CELEX: C1997/054/12
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 9 January 1997 in Case C-255/95 (reference for a preliminary ruling from the Consiglio di Stato): S. Agri SNC, Agricola Veneta Sas v. Regione Veneto (Aid to promote the extensification of agricultural production - Calculation of reduction in output - Reference period)

22 . 2 . 97            EN                    Official Journal of the European Communities                                    No C 54/7
2 . The Kingdom of Belgium is ordered to pay the costs.                                JUDGMENT OF THE COURT
                                                                                                 ( Third Chamber )
(') OJ No C 269 , 14 . 9 . 1996 .                                                               of 9 January 1997
                                                                        in Case C-255/95 ( reference for a preliminary ruling from
                                                                        the Consiglio di Stato ): S. Agri SNC, Agricola Veneta Sas
                                                                                              v. Regione Veneto ( 1 )
                                                                        (Aid to promote the extensification of agricultural
                                                                        production — Calculation of reduction in output —
               JUDGMENT OF THE COURT                                                             Reference period)
                          ( Sixth Chamber)                                                           ( 97/C 54/ 12 )
                        of 9 January 1997
                                                                                         (Language of the case: Italian)
in Case C-143/95 P Commission of the European
Communities v. Sociedade de Curtumes a Sul do Tejo Lda
                    ( Socurte ) and Others (')
                                                                           (Provisional translation; the definitive translation will be
(Appeal — European Social Fund — Time-limit for                                   published in the European Court Reports)
bringing proceedings — Infringement of essential
                   procedural requirements)                             In Case C-255/95 : reference to the Court under Article 177
                             ( 97/C 54/ 11 )                            of the EEC Treaty from the Consiglio di Stato ( Italy ) for a
                                                                        preliminary ruling in the proceedings pending before that
                                                                        court between S. Agri SNC, Agricola Veneta Sas and
              (Language of the case: Portuguese)                        Regione Veneto — on the interpretation of Council
                                                                        Regulation ( EEC ) No 797/85 of 12 March 1985 on
                                                                        improving the efficiency of agricultural structures ( OJ No
                                                                        L 93 , 30 . 3 . 1985 , p. 1 ), as amended by Council
   (Provisional translation; the definitive translation will be         Regulation ( EEC ) No 1760/87 of 15 June 1987 ( OJ No
          published in the European Court Reports)                      L 167, 26 . 6 . 1987, p. 1 ), and as both amended by
                                                                        Council Regulation ( EEC ) No 1094/88 of 25 April 1988
                                                                        ( OJ No L 106 , 27 . 4 . 1988 , p. 28 ), and of Commission
In Case C-143/95 P : Commission of the European                         Regulation ( EEC ) No 4115/88 of 21 December 1988
Communities ( Agents : Francisco de Sousa Fialho and                    laying down detailed rules for applying the aid scheme to
Nicholas Khan ) — appeal against the judgment of the                    promote the extensification of production ( OJ No L 361 ,
Court of First Instance of the European Communities                     29 . 12 . 1988 , p. 13 ) — the Court ( Third Chamber ),
( First Chamber ) of 7 March 1995 in Joined Cases T-432/                composed of: J. C. Moitinho de Almeida, President of the
93 , T-433/93 and T-434/93 Socurte and Others v.                        Chamber, C. Gulmann and J. -P. Puissochet, Judges; M. B.
Commission ( 1995 ) ECR 11-503 , seeking to have that                   Elmer, Advocate-General; H. A. Rühl , Principal
judgment set aside, the other parties to the proceedings                Administrator, for the Registrar, has given a judgment on
                                                                        9 March 1997 in which it has ruled :
being: Sociedade de Curtumes a Sul do Tejo Lda ( Socurte ),
Revestimentos de Cortina Lda ( Quavi ), now known as
Estudos e Projectos Lda ( Esprocil ), and Sociedade                     Article 18 (b) (3) (c) of Council Regulation (EEC) No 797/
Transformadora de Carnes Lda ( Stec ), now known as                     85 of 12 March 1985 on improving the efficiency of
Estudos e Projectos Lda (J.A.P. ), represented by Carlos                agricultural structures, as amended by Council Regulation
Botelho Moniz and Antonio Magalhães Cardoso, — the                      (EEC) No 1760/87 of 15 June 1987, and as both amended
Court ( Sixth Chamber), composed of: G. F. Mancini,                     by Council Regulation (EEC) No 1094/88 of 25 April
President of the Chamber, J. L. Murray ( Rapporteur),                   1988, and Article 4 (1 ) and (2) of Commission Regulation
C. N. Kakouris, G. Hirsch and H. Ragnemalm, Judges;                     (EEC) No 4115/88 of 21 December 1988 laying down
C. O. Lenz, Advocate-General ; R. Grass, Registrar, has                 detailed rules for applying the aid scheme to promote the
given a judgment on 9 January 1997, in which it:                        extensification of production must be interpreted as not
                                                                        allowing a Member State, where there has been a drop in
                                                                        output during the intermediate period between the end of
 1 . dismisses the appeal;                                              the reference period and the beginning of the period of the
                                                                        undertaking, to make the grant of aid for 'extensification '
                                                                        in any case conditional on output achieved during the
2 . orders the Commission of the European Communities                   intermediate period being reduced, during the period of
      to pay the cost.                                                  the undertaking, by an amount corresponding to at least
                                                                        20% of output during the reference period.
(') OJ No C 189 , 22 . 7. 1995 .
                                                                         (') OJ No C 248 , 23 . 9 . 1995 .