Keywords
Summary

Keywords

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1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATIONAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION REFUSING TO CHARGE TO THE EAGGF A SUBSIDY IMPROPERLY GRANTED BY THE NATIONAL AUTHORITIES - ACTION BY THE RECIPIENT OF THE SUBSIDY WHO WAS OBLIGED TO REPAY IT TO THE NATIONAL AUTHORITIES - INADMISSIBILITY

( EEC TREATY, SECOND PARAGRAPH OF ART . 173 )

2 . ACTION FOR COMPENSATION - PURPOSE - CLAIM FOR COMPENSATION BASED ON THE ALLEGATION THAT A DECISION ADOPTED BY A NATIONAL AGENCY IN IMPLEMENTATION OF COMMUNITY LEGISLATION IS UNLAWFUL - JURISDICTION OF THE COURT - CONDITIONS - ATTRIBUTABILITY TO A COMMUNITY INSTITUTION OF THE ALLEGED UNLAWFUL CONDUCT

( EEC TREATY, ART . 178 AND SECOND PARAGRAPH OF ART . 215; REGULATION NO 729/70 OF THE COUNCIL )

Summary

1 . A COMMISSION DECISION ADDRESSED TO A MEMBER STATE, REFUSING TO

RECOGNIZE AS CHARGEABLE TO THE EAGGF SUBSIDIES WHICH WERE

IMPROPERLY GRANTED BY THE NATIONAL AUTHORITIES TO A TRADER IS NOT

OF DIRECT AND INDIVIDUAL CONCERN TO THAT TRADER WITHIN THE MEANING

OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY . THE FACT

THAT THAT DECISION MAY HAVE PROMPTED THE NATIONAL AUTHORITIES TO

RECOVER THE SUMS IMPROPERLY GRANTED, AS THEY HAD RESERVED THE

RIGHT TO DO AS A PRECAUTION AGAINST SUCH AN EVENTUALITY, IS

IRRELEVANT .

2 . THE COMBINED PROVISIONS OF ARTICLES 178 AND 215 OF THE TREATY GIVE

JURISDICTION TO THE COURT ONLY TO AWARD COMPENSATION FOR DAMAGE

CAUSED BY THE COMMUNITY INSTITUTIONS OR BY THEIR SERVANTS IN THE

PERFORMANCE OF THEIR DUTIES OR, IN OTHER WORDS, FOR DAMAGE CAPABLE

OF GIVING RISE TO NON-CONTRACTUAL LIABILITY ON THE PART OF THE

COMMUNITY . DAMAGE CAUSED BY NATIONAL INSTITUTIONS, ON THE OTHER

HAND, CAN GIVE RISE TO LIABILITY ONLY ON THE PART OF THOSE

INSTITUTIONS AND THE NATIONAL COURTS RETAIN SOLE JURISDICTION TO

ORDER COMPENSATION FOR SUCH DAMAGE .

WHERE THE CONTESTED DECISION WAS ADOPTED BY A NATIONAL BODY ACTING

IN ORDER TO ENSURE THE IMPLEMENTATION OF COMMUNITY RULES IT IS

NECESSARY, IN ORDER TO ESTABLISH THE JURISDICTION OF THE COURT, TO

DETERMINE WHETHER THE UNLAWFUL CONDUCT ALLEGED IN SUPPORT OF THE

CLAIM FOR COMPENSATION IS IN FACT THE RESPONSIBILITY OF A

COMMUNITY INSTITUTION . THAT IS NOT THE CASE WHERE A NATIONAL

AGENCY, FOLLOWING A COMMISSION DECISION ON THE CLEARANCE OF EAGGF

ACCOUNTS, DECIDES ON ITS OWN INITIATIVE TO RECOVER THE IMPROPERLY

GRANTED SUBSIDIES, IN FULFILMENT OF THE GENERAL OBLIGATION IMPOSED

UPON IT BY REGULATION NO 729/70 ON THE FINANCING OF THE COMMON

AGRICULTURAL POLICY .