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Publishers Abstract:
At first blush, Kingdom of Spain v. Council of the European Union, appears to be a very dry and complex case given in the area of the Common Agricultural Policy by a chamber of 5 judges. On the accession of Greece to the European Communities in 1980, a Community support system (scheme) for cotton was introduced by Protocol 4 annexed to the Act of Accession of that Member State. Paragraph 3 of Protocol 4, provides that a system shall include the grant of an aid to production. In 2001, Council Regulation No 1051/2001 was adopted on the basis of the new paragraph 6 of Protocol No 4. As to the alleged infringement of Protocol 4, the Advocate General remarked that this Protocol contains no explicit requirement from which one can deduce that the support system and the corresponding aid to production are dependent on the cotton actually being harvested.
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