CELEX: C2000/335/54
Language: en
Date: 2000-11-25 00:00:00
Title: Case C-329/00: Action brought on 8 September 2000 by the Kingdom of Spain against the Commission of the European Communities

25.11.2000             EN                    Official Journal of the European Communities                                       C 335/31
Action brought on 8 September 2000 by the Kingdom of                    —     Error by the Commission in the dates used in calculating
Spain against the Commission of the European Communi-                         the financial adjustment.
                                ties
                                                                        —     Failure to state the reasons on which the decision is
                                                                              based.
                         (Case C-329/00)
                                                                        (1) OJ L 61 of 10.3.1999, p. 37.
                         (2000/C 335/54)
                                                                        (2) OJ, English Special Edition 1970(I), p. 218.
                                                                        (3) OJ L 125 of 8.6.1995, p. 1.
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 8 September 2000 by the Kingdom of Spain,
represented by Rosario Silva de Lapuerta, Abogado del Estado,
with an address for service in Luxembourg at the Spanish
Embassy, 4-6 Boulevard E. Servais.
                                                                        Appeal brought on 11 September 2000 by Alsace Inter-
The applicant claims that the Court should:                             national Car Service (AICS) against the judgment deliver-
                                                                        ed on 6 July 2000 by the Fifth Chamber of the Court of
                                                                        First Instance of the European Communities in Case
1.    Annul the Commission decision of 5 July 2000 excluding            T-139/99 between Alsace International Car Service and
      from Community financing certain expenditure incurred                                 the European Parliament
      by the Member States chargeable to the Guarantee Section
      of the EAGGF, in so far as it refers to compensatory aid
      for bananas in Spain, and                                                                  (Case C-330/00 P)
                                                                                                  (2000/C 335/55)
2.    Order the Commission to pay the costs.
                                                                        An appeal against the judgment delivered on 6 July 2000 by
                                                                        the Fifth Chamber of the Court of First Instance of the
                                                                        European Communities in Case T-139/99 between Alsace
Pleas in law and main arguments                                         International Car Service and the European Parliament was
                                                                        brought before the Court of Justice of the European Communi-
                                                                        ties on 11 September 2000 by Alsace International Car Service,
—     Error by the Commission in including the expenses                 represented by Jean-Claude Fourgoux, of the Paris Bar, with an
      incurred in the EAGGF year 1995 and breach of the                 address for service in Luxembourg at the chambers of Pierrot
      principles of the protection of legitimate expectations           Schiltz, 4 Rue Béatrix de Bourbon.
      and of legal certainty. The expenses incurred by Spain for
      the EAGGF year 1995 were cleared at the proper
      time through Commission Decision 1999/187/EC (1). The             The appellant claims that the Court should:
      separate payments did not include the payments made in
      respect of bananas (marketing year 1995) which must,              —     annul the judgment of the Court of First Instance of 6 July
      therefore, be considered to have been cleared by common                 2000;
      consent. Article 5(2)(c) of Regulation (EEC) No 729/70 (2),
      which authorises the Commission to refuse financing for
      expenditure incurred within the 24 months preceding the           —     should the state of the proceedings so permit, rule upon
      date on which it communicates in writing the results of                 the application for annulment of the decision of 7 April
      its checks to the Member States concerned, was adopted                  1999 to reject AICS’s tender and hence also of the award
      by Council Regulation (EC) No 1287/95 (3), and is appli-                of the contract to the Cooperative Taxi 13, and upon
      cable only as from 16 October 1995 (EAGGF year 1996),                   the application for compensation of FRF 2 190 000,
      in accordance with Article 2(1) of Regulation 1287/95,                  reserving the right to perfect the ruling on the same basis
      and is not, therefore, applicable to payments made in the               on the day of delivery of judgment;
      financial year 1995. Moreover, the document which was
      the first communication to Spain of the result of the             —     order the Parliament to pay the costs.
      check made in the banana sector is dated 8 July 1997; the
      financial adjustments that might follow therefrom in
      accordance with Article 5(2)(c) of Regulation No 729/70
      could not go back any earlier than 8 July 1995, when a            Pleas in law and main arguments
      large part of the expenditure for 1995 in respect of that
      year’s harvest had already been incurred.                         —     Manifest error of assessment in fact and in law: