Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - PRINCIPLES - ASSUMPTION OF FINANCIAL RESPONSIBILITY FOR AMOUNTS PAID BY THE MEMBER STATES - CONDITIONS

( REGULATION NO 729/70 OF THE COUNCIL , ARTS . 2 , 3 AND 8 )

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - PRINCIPLES OF MANAGEMENT - EQUALITY OF TREATMENT FOR TRADERS - DIFFERENT INTERPRETATIONS OF COMMUNITY LAW BY THE MEMBER STATES - DISTORTIONS OF COMPETITION - FINANCING BY THE EAGGF - NOT PERMISSIBLE

( EEC TREATY , ARTS . 39 AND 40 ; REGULATION NO 729/70 OF THE COUNCIL )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - EXPENDITURE RESULTING FROM A MISTAKEN APPLICATION OF COMMUNITY LAW - FINANCING BY THE EAGGF - CONDITION - ERROR WHICH MAY BE ATTRIBUTED TO A COMMUNITY INSTITUTION

( REGULATION NO 729/70 OF THE COUNCIL )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING - CHARGING OF THE EXPENDITURE OT THE EAGGF OR TO THE MEMBER STATES - TRANSACTION UNDERTAKEN IN THE CONTEXT OF THE PROCEDURE FOR DISCHARGING THE ACCOUNTS .

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

5 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER FROM PUBLIC STOCKS - SALE AT REDUCED PRICES FOR EXPORT - TIME-LIMIT FOR EXPORTATION - RELEVANT DATE - DATE OF CONCLUSION OF THE CONTRACT OF SALE

( REGULATION NO 1308/68 OF THE COMMISSION , ART . 3 )

Summary

1 . CASES WHERE , VIEWED OBJECTIVELY , COMMUNITY LAW HAS BEEN INCORRECTLY APPLIED ON THE BASIS OF AN INTERPRETATION ADOPTED IN GOOD FAITH BY THE NATIONAL AUTHORITIES CANNOT FALL UNDER ARTICLE 8 OF REGULATION NO 729/70 BUT MUST , ON THE CONTRARY , BE EXAMINED IN THE LIGHT OF THE GENERAL PROVISIONS OF ARTICLES 2 AND 3 OF THE SAME REGULATION , ACCORDING TO WHICH REFUNDS GRANTED AND INTERVENTION UNDERTAKEN ' ' IN ACCORDANCE WITH THE COMMUNITY RULES ' ' WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ARE TO BE FINANCED BY THE EAGGF ; THOSE PROVISIONS PERMIT THE COMMISSION TO CHARGE TO THE EAGGF ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM PAID , AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS .

2 . THE MANAGEMENT OF THE COMMON AGRICULTURAL POLICY IN CONDITIONS OF EQUALITY BETWEEN TRADERS IN THE MEMBER STATES REQUIRES THAT NATIONAL AUTHORITIES OF A MEMBER STATE SHOULD NOT , BY THE EXPEDIENT OF A WIDE INTERPRETATION OF A GIVEN PROVISION , FAVOUR TRADERS IN THAT STATE TO THE DETRIMENT OF THOSE IN OTHER STATES WHERE A STRICTER INTERPRETATION IS APPLIED . IF SUCH DISTORTION OF COMPETITION BETWEEN MEMBER STATES ARISES DESPITE THE MEANS AVAILABLE TO ENSURE THE UNIFORM APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY IT CANNOT BE FINANCED BY THE EAGGF BUT MUST , IN ANY EVENT , BE BORNE BY THE MEMBER STATE CONCERNED .

3 . IN THE CONTEXT OF THE DISCHARGE OF THE ACCOUNTS SUBMITTED BY THE MEMBER STATES IN CONNEXION WITH EXPENDITURE FINANCED BY THE EAGGF , IT IS FOR THE COMMISSION TO BEAR THE FINANCIAL CONSEQUENCES OF EXPENDITURE UNDERTAKEN ON THE BASIS OF AN INCORRECT APPLICATION OF COMMUNITY LAW ONLY WHERE THAT APPLICATION IS ATTRIBUTABLE TO AN INSTITUTION OF THE COMMUNITY .

4 . SINCE , UP TO THE PRESENT , NO SPECIFIC PROCEDURE FOR ATTRIBUTING EXPENDITURE INCURRED IN CONNEXION WITH THE COMMON AGRICULTURAL POLICY HAS BEEN LAID DOWN BY COMMUNITY LAW FOR THE PURPOSE OF SETTLING DIFFERENCES BETWEEN THE COMMUNITY AND THE MEMBER STATES , THE DISCHARGE OF THE ACCOUNTS BY THE COMMISSION PURSUANT TO ARTICLE 5 ( 2 ) ( B ) OF REGULATION NO 729/70 NECESSARILY ENTAILS THE ATTRIBUTION OF EXPENDITURE EITHER TO THE COMMISSION OR TO THE MEMBER STATE CONCERNED .

5 . THE PERIOD OF 30 DAYS LAID DOWN IN ARTICLE 3 OF REGULATION NO 1308/68 FOR THE EXPORTATION TO THIRD COUNTRIES OF BUTTER FROM PUBLIC STOCKS WHICH HAS BEEN SOLD AT A REDUCED PRICE MUST BE CALCULATED FROM THE DATE OF THE CONCLUSION OF THE CONTRACT OF SALE AND NOT FROM THE DATE WHEN THE BUTTER LEFT THE STORE .