Keywords
Summary

Keywords

1. Actions for annulment — Purpose — Partial annulment — Conditions — Severability of the contested measures — Objective criterion — (Art. 230 EC)

2. Agriculture — Common organisation of the markets — Beef and veal — Special support measures — Article 5(5) of Regulation No 690/2001 — Compulsory co-financing by the Member States — Illegality — (Commission Regulation No 690/2001, Art. 5(5))

Summary

1. The partial annulment of a Community act is possible only if the elements whose annulment is sought may be severed from the remainder of the act.

In that regard, whether partial annulment would alter the substance of the contested measure is an objective criterion and not a subjective criterion linked to the political intention of the authority which adopted the measure at issue. That authority cannot, therefore, argue that without the provision whose annulment is sought it would probably not have adopted the other provisions of the contested act.

see paras 33, 36-37

2. Article 5(5) of Regulation No 690/2001 on special market support measures in the beef sector must be annulled in so far as that provision requires each Member State concerned to finance a percentage of the price of the meat purchased under that regulation.

Regulation No 1254/1999 on the common organisation of the market in beef and veal does not contain any provision expressly authorising the Commission to derogate from the principle flowing from the basic legislation that all Community support measures in the beef and veal sector must be exclusively financed by the Community. It matters little, in that regard, that Regulation No 690/2001 provides that it is to apply only for a period limited to six months.

see paras 73-76, operative part