|
8.1.2005 |
EN |
Official Journal of the European Union |
C 6/6 |
JUDGMENT OF THE COURT
(Second Chamber)
of 11 November 2004
in Case C-249/02: Portuguese Republic v Commission of the European Communities (1)
(Agriculture - Common agricultural policy - Financing by the EAGGF - Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission - Power of the Commission to reduce sums paid as advances - Letter from a Director-General of the Commission informing the Member State of that reduction - Act having binding legal effects)
(2005/C 6/09)
Language of the case: Portuguese
In Case C-249/02: action for annulment under Article 230 EC, brought on 1 July 2002, between Portuguese Republic (Agent: L. Fernandes, assisted by C. Botelho Moniz and E. Maia Cadete) and Commission of the European Communities (Agent: L. Visaggio, assisted by N. Castro Marques) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 11 November 2004, in which it:
|
1. |
Annuls the decision contained in the letter of the Director-General of the Directorate-General for Agriculture of the Commission of the European Communities of 18 April 2002 concerning a reduction in advances extended in the 2002 financial year in accordance with Article 39(3) of Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), as most recently amended by Commission Regulation (EC) No 1763/2001 of 6 September 2001; |
|
2. |
Orders the Commission of the European Communities to pay the costs. |