Source: All England Reporter
Publisher Citation: [2004] All ER (D) 10 (Jul)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of Chamber), Puissochet, Schintgen, Macken (Rapporteur) and Colneric
Judgment Dates: 1 July 2004

Catchwords

Agriculture - Common agricultural policy - Aid scheme - Penalty - Claimant subjected to penalty under provisions in force at that time - Provisions enacted during appeal subjecting claimant to less severe penalty - Retroactive application of less severe penalty - Commission Regulation (EEC) 3887/92, art 10 - Council Regulation (EC, Euratom) 2988/95, art 2 - Commission Regulation (EC) 2419/2001, art 44.

The Case

Article2(2) of Council Regulation (EC, Euratom) 2988-95 was to be interpreted as meaning that where, in an application for 'livestock' aid covered ratione temporis by Commission regulation (EEC) 3887-92, there was an irregularity giving rise to a penalty under art10(2)(a) of that regulation, the competent authorities had to apply retroactively the provisions of art44 of Commission Regulation (EC) 2419-2001, on the ground that those provisions were less severe as regards the conduct in question.

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