Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF MARKETS - WINE - AID FOR LONG-TERM STORAGE OF TABLE WINE - CONDITIONS FOR GRANT - ' ' CONCLUSION ' ' OF STORAGE CONTRACT - CONCEPT

( REGULATION NO 816/70 OF THE COUNCIL , ART . 5 ( 5 ); REGULATION NO 1437/70 OF THE COMMISSION , ART . 8 ( 1 ) AS AMENDED BY REGULATION NO 176/72 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - EXPENDITURE DUE TO ERRONEOUS INTERPRETATION OF COMMUNITY LAW - FINANCING BY THE EAGGF - CONDITIONS - ERROR ATTRIBUTABLE TO AN INSTITUTION OF THE COMMUNITY

( REGULATION NO 729/70 OF THE COUNCIL )

Summary

1 . ENTITLEMENT TO AID FOR THE LONG-TERM STORAGE OF TABLE WINE CANNOT BE ESTABLISHED BEFORE IT HAS EVEN BEEN DETERMINED THAT THE CONDITIONS GOVERNING THE AID HAVE BEEN FULFILLED . HENCE THE REFERENCE TO THE ' ' CONCLUSION ' ' OF THE STORAGE CONTRACT IN THE AMENDED VERSION OF ARTICLE 8 ( 1 ) OF REGULATION NO 1437/70 AS A CONDITION GOVERNING THE GRANT OF THE AID MUST BE TAKEN TO MEAN THAT THE CONTRACT DOES NOT BECOME PERFECT UNTIL THE PREPARATION OF THE INSTRUMENT WHOSE WRITTEN FORM IS LAID DOWN BY ARTICLE 9 OF THE AFORESAID REGULATION , AFTER VERIFICATION OF ALL THE RELEVANT INFORMATION BY THE INTERVENTION AGENCY .

2 . UPON THE OCCASION OF THE CLEARANCE OF THE ACCOUNTS PRESENTED BY THE MEMBER STATES THE COMMISSION IS NOT OBLIGED TO CHARGE TO THE EAGGF EXPENDITURE INCURRED ON THE BASIS OF AN ERRONEOUS INTERPRETATION OF COMMUNITY LAW UNLESS THE ERROR MAY BE ATTRIBUTED TO AN INSTITUTION OF THE COMMUNITY .