República Federal de Alemania contra Comisión de las Comunidades Europeas.

• Jurisdiction: European Union
• Celex Number: 61990CJ0240
• ECLI: ECLI:EU:C:1992:408
• Court: Court of Justice (European Union)
• Docket Number: C-240/90
• Procedure Type: Recurso de anulación - infundado
• Date: 27 October 1992

Avis juridique important

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61990J0240

Judgment of the Court of 27 October 1992. - Federal Republic of Germany v Commission of the European Communities. - Common agricultural policy - Sheepmeat sector - Agricultural income aid - Exclusion from future entitlement - Surcharge on amount ot be reimbursed - Competence of the Community - Competence of the Commission. - Case C-240/90.

European Court reports 1992 Page I-05383
Swedish special edition Page I-00143
Finnish special edition Page I-00145

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1. Agriculture ° Common agricultural policy ° Agricultural income aid ° Common organization of the markets ° Sheepmeat and goatmeat ° Imposition of penalties in cases of fraud ° Exclusion of traders from subsidies scheme ° Competence of the Community

(EEC Treaty, Arts 40(3) and 43(2), third subpara.; Commission Regulations No 3007/84, Art. 6(6) and 3813/89, Art. 13(3)(c))

2. Agriculture ° Common agricultural policy ° Agricultural income aid ° Common organization of the markets ° Sheepmeat and goatmeat ° Regulations ° Drafting procedure ° Distinction between basic regulations and implementing regulations ° Imposition by way of an implementing regulation of penalties in cases of fraud ° Legality

(EEC Treaty, Arts 145 and 155; Commission Regulations Nos 3007/84, Art. 6(6) and 3813/89, Art. 13(3)(b) and (c))

3. Acts of the institutions ° Regulations ° Basic and implementing regulations ° General delegation of authority conferred on Commission ° Legality

(EEC Treaty, Arts 145, 155 and 189; Council Decision 87/373)

Summary

1. In the context of the common agricultural policy the Community has power under Article 40(3) of the Treaty to provide for penalties such as exclusions from the scheme of subsidies established by Article 6(6) of Regulation No 3007/84 and by Article 13(3)(c) of Regulation No 3813/89. In fact, exclusions which do not differ in kind from other penalties such as surcharges on amounts wrongly received and having to be repaid, provided for in the agricultural legislation, are necessary in order to combat irregularities committed in the context of agricultural aid which, because they weigh heavily on the Community budget, are likely to compromise Community action in the agricultural sector.

2. In the context of the common agricultural policy the Commission has power to provide for penalties such as exclusions from the scheme of subsidies and surcharges on amounts wrongly received and having to be repaid, provided for by Article 6(6) of Regulation No 3007/84 and Article 13(3)(b) and (c) of Regulation No 3813/89. Those penalties in fact come within the implementing powers which the Council may delegate to the Commission under Articles 145 and 155 of the Treaty.

Articles 145 and 155 establish a distinction between rules which, since they are essential to the subject-matter envisaged, must be reserved to the Council' s power, and those which, being merely of an implementing nature, may be delegated to the Commission. In the agricultural sector only provisions intended to give concrete shape to the fundamental guidelines of Community policy may be classified as essential. That is not true of penalties, such as a surcharge on the reimbursement, with interest of a subsidy paid, or exclusion for a certain period of a trader from the subsidies scheme, which are intended to underpin the policy options chosen by ensuring the proper financial management of the Community funds designated for their attainment.

3. In order to delegate to the Commission the power to provide for penalties in the sector of the common agricultural policy a delegation of power couched in general terms is sufficient. In fact once the Council has laid down in a basic regulation the essential rules governing the matter in question, it may delegate to the Commission a general implementing power without having to specify the essential components of the delegated powers. That principle is not affected by Council Decision 87/373 laying down the procedures for the exercise of implementing powers conferred on the Commission. As a measure of secondary law it cannot add to the rules of the Treaty, which do not require the Council to specify the essential components of the implementing powers delegated to the Commission.

Parties

In Case C-240/90,

Federal Republic of Germany, represented by E. Roeder, Ministerialrat in the Federal Ministry for the Economy, acting as Agent, with an address for service in Luxembourg at the Embassy of the Federal Republic of Germany, 20-22 Avenue Émile Reuter,

applicant,

v

Commission of the European Communities, represented by D. Booss, Legal Adviser, acting as Agent, assisted by M. Hilf, Professor in the University of Bielefeld, with an address for service in Luxembourg at the office of R. Hayder, of its Legal Service, Wagner Centre, Kirchberg,

defendant,

APPLICATION for the annulment of Article 6(6) of Commission Regulation (EEC) No 3007/84 of 26 October 1984 laying down detailed rules for the application of the premium for producers of sheepmeat (OJ 1984 L 283, p. 28), as amended by Regulation (EEC) No 1260/90 of 11 May 1990 (OJ 1990 L 124, p. 15), and Article 13(3)(b) and (c) of Commission Regulation (EEC) No 3813/89 of 19 December 1989 laying down detailed rules for the application of the system of transitional aids to agricultural income (OJ 1989 L 371, p. 17), as amended by Regulation (EEC) No 1279/90 of 15 May 1990 (OJ 1990 L 126, p. 20),

THE COURT,

composed of: O. Due, President, C.N. Kakouris, G.C. Rodríguez Iglesias, M. Zuleeg and J.L. Murray (Presidents of Chambers), G.F. Mancini, R. Joliet, F.A. Schockweiler, J.C. Moitinho de Almeida, M. Diez de Velasco and P.J.G. Kapteyn, Judges,

Advocate General: F.G. Jacobs,

Registrar: D. Louterman-Hubeau, Principal Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 1 April 1992,

after hearing the Opinion of the Advocate General at the sitting on 3 June 1992,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 1 August 1990 the Federal Republic of Germany brought an action under the first paragraph of Article 173 of the EEC Treaty for the annulment of Article 6(6) of Commission Regulation (EEC) No 3007/84 of 26 October 1984...