ECJ 1. Where the Court finds in a number of judgments that practices exist in a Member State which are incompatible with the Community rules on the common organizations of the markets and that that Member State has consistently resisted the Commission’ s requests for on-the-spot inquiries, the Commission is entitled, in the context of the procedure for the clearance of EAGGF accounts, to consider that those practices continued after the period to which the Court’ s findings related and, in the absence of proof to the contrary from the Member State concerned, to refuse to charge to the EAGGF expenditure in the sector affected by the unlawful practices. 2. It is for the national authorities which subsequently amend figures of decisive significance for the purposes of the calculation of the amount which the Member State concerned owes to the EAGGF in connection with the co -responsibility levy in the cereals sector to provide sufficient specific information to justify that change. 3. Where the Commission, after receiving a complaint regarding the total forfeiture of a security given by an economic operator which has purchased intervention products, has informed the national authorities concerned that it is possible to recalculate the amount of the security having to be regarded as definitively forfeit and makes that recalculation conditional solely on the primary obligation undertaken by the operator being fulfilled, the national authorities cannot be criticized, on the clearance of the EAGGF accounts, for having effected that recalculation in accordance with a method consistent with the content of the communication sent to them, even though it may be incorrect or incomplete.
Citations:
C-56/91, [1993] EUECJ C-56/91
Links:
European, Administrative, Agriculture
Updated: 01 June 2022; Ref: scu.160655
