CELEX: C2000/233/09
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 18 May 2000 in Case C-242/97: Kingdom of Belgium v Commission of the European Communities (EAGGF — Clearance of accounts — 1993 — Cereals, beef and veal)

12.8.2000                 EN                     Official Journal of the European Communities                                            C 233/5
2.    As Community law presently stands, Directive 89/398/EEC               munities (Agent: H. van Vliet) — Application for the partial
      and the directives adopted pursuant to it do not prevent Member       annulment of Commission Decision 97/333/EC of 23 April
      States from maintaining in force after the transposition of           1997 on the clearance of the accounts presented by the
      Directive 89/398/EEC prior national legislative provisions            Member States in respect of the expenditure for 1993 on the
      such as those at issue in the main proceedings which apply to         Guarantee Section of the European Agricultural Guidance and
      additives authorised in the manufacture of foodstuffs intended        Guarantee Fund (EAGGF) (OJ 1997 L 139, p. 30), in so far as
      for particular nutritional uses, even if those provisions are         it disallows, in respect of the applicant, Community financing
      based on a classification other than that used in Directive           for the sum of BEF 413 309 611 by way of expenditure
      89/398/EEC.                                                           incurred for the advance payment of export refunds — the
                                                                            Court (Sixth Chamber) composed of R. Schintgen, President of
3.    In the absence of any provision in Directive 89/398/EEC itself,       the Second Chamber, acting for the President of the Sixth
      or in the directives adopted pursuant to Article 4 of the             Chamber, P.J.G. Kapteyn, G. Hirsch, H. Ragnemalm, and
      Directive, as to the composition of foodstuffs intended for           V. Skouris (Rapporteur), Judges, Advocate General: S. Alber,
      particular nutritional uses or the use of additives or substances     H. von Holstein, Deputy Administrator, for the Registrar, has
      for specific nutritional purposes in the manufacture of that type     given a judgment on 18 May 2000, in which it:
      of product, no relevant Community rules exist, as Community
      law presently stands, on which individuals may rely in order to       1.    dismisses the application;
      challenge national rules on additives and substances for
      nutritional purposes authorised in the manufacture of foodstuffs      2.    orders the Kingdom of Belgium to pay the costs.
      of the kind at issue in the main proceedings.
4.    Member States are subject, in their monitoring of the composi-        (1) OJ C 271 of 6.9.1997.
      tion of foodstuffs intended for particular nutritional uses and,
      in particular, of additives and substances for nutritional
      purposes used in their manufacture, to the requirements flowing
      from general principles recognised by Community law, and,
      in particular, the principle of the protection of legitimate
      expectations. However, in the main proceedings the relevant
      Community rules could not give rise to a legitimate expectation
      on the part of Arkopharma on which it could reasonably rely.
      It is for the national court to decide whether the rules on the                        JUDGMENT OF THE COURT
      free movement of goods within the Community have any
      application to an activity such as that at issue in the main                                    (Sixth Chamber)
      proceedings.
                                                                                                       of 18 May 2000
(1) OJ C 142 of 10.5.1997.
                                                                            in Case C-206/98: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
                                                                            (Failure by a State to fulfil its obligations — Directive
                   JUDGMENT OF THE COURT                                      92/49/EEC — Direct insurance other than life assurance)
                           (Sixth Chamber)                                                             (2000/C 233/10)
                            of 18 May 2000
                                                                                                 (Language of the case: French)
in Case C-242/97: Kingdom of Belgium v Commission of
                   the European Communities (1)
                                                                            (Provisional translation; the definitive translation will be published
(EAGGF — Clearance of accounts — 1993 — Cereals, beef                                           in the European Court Reports)
                                and veal)
                                                                            In Case C-206/98: Commission of the European Communities
                            (2000/C 233/09)                                 (Agents: C. Tufvesson and B. Mongin) v Kingdom of Belgium
                                                                            (Agents: J. Devadder and A. Snoecx, assisted by D. Waelbroeck)
                      (Language of the case: Dutch)                         — application for a declaration that, by adopting and maintai-
                                                                            ning in force Article 2 of the Law of 9 July 1975 on the control
                                                                            of insurance undertakings, as amended by the Royal Decree of
(Provisional translation; the definitive translation will be published      12 August 1994 (Moniteur Belge of 16 September 1994, p.
                     in the European Court Reports)                         23525), the Kingdom of Belgium has failed to fulfil its
                                                                            obligations under Council Directive 92/49/EEC of 18 June
In Case C-242/97: Kingdom of Belgium (Agent: J. Devadder,                   1992 on the coordination of laws, regulations and administra-
assisted by H. Gilliams) v Commission of the European Com-                  tive provisions relating to direct insurance other than life