Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61981J0146
Název:
Title: 		JUDGMENT OF THE COURT (SECOND CHAMBER), 6 MAY 1982. BAY WA AG AND OTHERS V BUNDESANSTALT FUER LANDWIRTSCHAFTLICHE MARKTORDNUNG. (REFERENCES FOR A PRELIMINARY RULING FROM THE VERWALTUNGSGERICHT FRANKFURT AM MAIN). PREMIUMS FOR THE DENATURING OF CEREALS OF BREAD-MAKING QUALITY. JOINED CASES 146, 192 AND 193/81.
Publikace:
Publication:		REPORTS OF CASES 1982 PAGES 1503 - 1536
Předmět (klíčová slova):
Keywords		AGRICULTURE;CEREALS;EAGGF;
Související předpisy:
Corresponding acts:		367R0172;370R0729;369R1403
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IN THE CASE OF DENATURING BY COLOURING ONLY THE STANDARD METHOD DEFINED BY ANNEX I TO REGULATION NO 1403/69 MAY BE USED. A DENATURING PREMIUM GRANTED ON THE BASIS OF ARTICLE 4 (2) OF REGULATION NO 172/67 MUST BE REGARDED AS WRONGLY PAID IF THE RULES FOR THE USE OF THAT METHOD HAVE NOT BEEN COMPLIED WITH. IN THE CASE OF DENATURING BY METHODS OTHER THAN THE COLOURING METHOD WHICH MAY BE PRESCRIBED BY NATIONAL LAW, THE RULES GOVERNING THOSE METHODS MUST BE COMPLIED WITH IN FULL IF THE DENATURING OPERATION IS TO CONFER ENTITLEMENT TO THE PREMIUM.

2. COMMUNITY LAW IN ITS PRESENT STATE DOES NOT RESTRICT TO A SPECIFIC METHOD THE SUPERVISION, BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES, OF THE REGULARITY OF DENATURING OPERATIONS CONFERRING ENTITLEMENT TO PAYMENT OF THE PREMIUM. SUPERVISION MAY INTER ALIA TAKE THE FORM OF AN AUDIT OF THE ACCOUNTING RECORDS. IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO DETERMINE, SUBJECT TO REVIEW BY THE NATIONAL COURTS, WHAT PROBATIVE VALUE IT IS APPROPRIATE TO ATTRIBUTE TO THE RESULTS OF THE VARIOUS TYPES OF SUPERVISION TO WHICH DENATURING OPERATIONS ARE SUBJECT.

3. WHERE THE IMPLEMENTATION OF A COMMUNITY REGULATION IS A MATTER FOR THE NATIONAL AUTHORITIES SUBJECT TO REVIEW BY THE NATIONAL COURTS, IMPLEMENTATION MUST COMPLY WITH THE PROCEDURAL AND FORMAL RULES PRESCRIBED BY THE NATIONAL LAW OF THE MEMBER STATE CONCERNED. HOWEVER, RECOURSE TO RULES OF NATIONAL LAW IS POSSIBLE ONLY IN SO FAR AS IT IS NECESSARY FOR THE IMPLEMENTATION OF PROVISIONS OF COMMUNITY LAW AND IN SO FAR AS THE APPLICATION OF THOSE RULES OF NATIONAL LAW DOES NOT JEOPARDIZE THE SCOPE AND EFFECTIVENESS OF THAT COMMUNITY LAW.

4. ARTICLE 8 (1) OF REGULATION NO 729/70 CONCERNING THE RECOVERY BY THE MEMBER STATES OF SUMS LOST AS A RESULT OF IRREGULARITIES, EXPRESSLY REQUIRES THE NATIONAL AUTHORITIES RESPONSIBLE FOR OPERATING COMMUNITY MACHINERY FOR AGRICULTURAL INTERVENTION TO RECOVER SUMS UNDULY OR IRREGULARLY PAID; AND SUCH AUTHORITIES, ACTING ON BEHALF OF THE COMMUNITY, MAY NOT, ON SUCH OCCASIONS, EXERCISE A DISCRETION AS TO THE EXPEDIENCY OF DEMANDING REPAYMENT OF COMMUNITY FUNDS UNDULY OR IRREGULARLY GRANTED. THE OPPOSITE INTERPRETATION WOULD LEAD TO AN EROSION BOTH OF THE PRINCIPLE OF EQUAL TREATMENT BETWEEN UNDERTAKINGS FROM DIFFERENT MEMBER STATES AND OF THE APPLICATION OF COMMUNITY LAW WHICH MUST, SO FAR AS POSSIBLE, REMAIN UNIFORM THROUGHOUT THE COMMUNITY.

Plný text judikátu (Entire text of the Judgment):