You are on page 1of 1

5.9.

98 EN Official Journal of the European Communities C 278/25

Kingdom of Spain, represented by Santiago Ortiz Action brought on 15 July 1998 by the Commission of the
Vaamonde, Abogado del Estado, acting as Agent, with an European Communities against the French Republic
address for service in Luxembourg at the Spanish (Case C-256/98)
Embassy, 4Ð6 Boulevard Emmanuel Servais.
(98/C 278/45)

The applicant claims that the Court of Justice should:
An action against the French Republic was brought before
the Court of Justice of the European Communities on
15 July 1998 by the Commission of the European
Ð annul Commission Decision 98/324/EC (1) on the
Communities, represented by Paolo Stancanelli, of its
clearance of the accounts in respect of the expenditure
Legal Service, and Olivier Couvert-CasteÂra, a national
for 1997 of the Guarantee Section of the European
civil servant on secondment to its Legal Service, acting as
Agricultural Guidance and Guarantee Fund, as regards
Agents, with an address for service in Luxembourg at the
the financial adjustment imposed on Spain, and
office of Carlos Gómez de la Cruz, Wagner Centre,
Kirchberg.

Ð order the Commission to pay the costs.
The Commission of the European Communities claims
that the Court should:
Pleas in law and main arguments adduced in support:
Ð declare that, by failing to adopt all the laws,
regulations and administrative measures necessary in
Ð Infringement of essential procedural requirements and order to comply with Council Directive 92/43/EEC of
lack of a statement of reasons: 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora (1), in that it has omitted
to take the measures necessary in order to comply
The contested Decision cannot incorporate a financial with Article 6 of that Directive, the French Republic
adjustment since it was issued at the stage of clearance has failed to fulfil its obligations under that Directive
of accounts (Article 5(2)(b) of Council Regulation and under the third paragraph of Article 189 of the
(EEC) No 729/70 (2) and not at the stage of EC Treaty,
verification of compliance (Article 5(2)(c) of
Regulation (EEC) No 729/70). Only at the latter stage Ð order the French Republic to pay the costs.
is it appropriate to verify whether the expenditure
incurred is in conformity with the Community
provisions. Any financial adjustment made otherwise Pleas in law and main arguments adduced in support:
than in connection with the clearance of accounts
which is a preliminary to it is void through failure to
follow the correct clearance procedure laid down in The pleas in law and main arguments are analogous to
Commission Regulation (EC) No 1663/95 (3). those in Case C-250/98 (2); the time limit prescribed by
Moreover, although the Kingdom of Spain has learned Article 23 of the Directive for its transposition expired on
why the Commission doubted the correctness of a 5 June 1994.
particular budgetary item, it has been unable to
ascertain why the Commission rejected the (1) OJ L 206, 22.7.1992, p. 7.
explanations offered by the Kingdom of Spain. (2) See page 22 of this Official Journal.

Ð Infringement of the applicable Community law:

The calculation made by the Spanish authorities is Appeal brought on 15 July 1998 by Arnaldo Lucaccioni
correct and is in conformity with the applicable against the judgment delivered on 14 May 1998 by
Council Regulation (EC) No 150/95 (4) and the Second Chamber of the Court of First Instance of
Commission Regulations (EC) No 157/95 (5) and (EC) the European Communities in Case T-165/95 between
No 158/95 (6). Arnaldo Lucaccioni and the Commission of the European
Communities
(1 ) OJ L 141, 13.5.1998, p. 38. (Case C-257/98 P)
(2 ) Official Journal, English special Edition 1970 I, p. 218.
(3 ) OJ L 158, 8.7.1995, p. 6.
(98/C 278/46)
(4 ) OJ L 22, 31.1.1995, p. 1.
(5 ) OJ L 24, 1.2.1995, p. 1.
(6 ) OJ L 24, 1.2.1995, p. 4. An appeal against the judgment delivered on 14 May
1998 by the Second Chamber of the Court of First
Instance of the European Communities in Case T-165/95
between Arnaldo Lucaccioni and the Commission of the