Kingdom of the Netherlands v Commission of the European Communities (Rec 1990,p I-4799) (Judgment): ECJ 13 Dec 1990

Europa 1. Agriculture – Common organization of the markets – Milk and milk products – Butter in public storage – Purchase of butter intended for storage – Storage test period – Testing of the keeping quality of the butter – Testing to be carried out at the end of the test period (Regulation No 685/69 of the Commission, Art. 6, as amended by Regulations Nos 1829/80 and 1836/86) 2. Decisions of the institutions – Statement of reasons – Obligation -Scope – Decision relating to the clearance of accounts in relation to expenditure financed by the EAGGF (EEC Treaty, Art. 190) 1. Having regard to the aim of Article 6 of Regulation No 685/69 establishing a scheme for the purchase by intervention agencies of butter intended for public storage, namely to ensure that butter has good keeping qualities before it is finally taken over by the intervention agency and to make the seller bear the consequences of any abnormal deterioration in the quality of the butter occurring during the storage test period, the testing of the keeping qualities of the stored butter may not be carried out before the end of that period. 2. In the particular context of the preparation of decisions relating to the clearance of accounts in respect of expenditure financed by the EAGGF, the statement of reasons for a decision not to charge to the EAGGF a fraction of the expenditure declared must be regarded as sufficient if the Member State to which that decision was addressed has been closely involved in the process by which the decision came about and is aware of the reasons for which the Commission takes the view that it must not charge the sum in dispute to the EAGGF.


Case C-22/89, C-22/89, [1990] EUECJ C-22/89




EEC Treaty 190

European, Agriculture

Updated: 01 June 2022; Ref: scu.160198