CELEX: 61988CJ0101
Agriculture
Special export refunds for certain meat of bovine animals

The first paragraph of Article 6 of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals must be interpreted as meaning that the grant of the special refund is conditional on the exportation of the total quantity of pieces from hindquarters placed under supervision . However, the fact that a negligible part of that total quantity is missing does not, regard being had to the principle of proportionality and in the absence of bad faith by the trader, constitute sufficient grounds for considering that the condition relating to exportation has not been met with regard to the remainder of the meat .
Parties
In Case C-101/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht ( Finance Court ) Hamburg for a preliminary ruling in the proceedings pending before that court between
Firma Gebr . Gausepohl
and
Hauptzollamt ( Principal Customs Office ) Hamburg-Jonas,
on the interpretation of the first paragraph of Article 6 of Commission Regulation ( EEC ) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals ( Official Journal 1982, L 212, p . 48 ),
THE COURT ( Second Chamber )
composed of : F . A . Schockweiler, President of Chamber, G . F . Mancini and T . F . O' Higgins, Judges,
in answer to the questions referred to it by the Finanzgericht, Hamburg, by order of 14 December 1987, hereby rules :
Operative part
The first paragraph of Article 6 of Regulation ( EEC ) No 1964/82 is to be interpreted as meaning that the grant of the special refund is conditional on exportation of the total quantity of pieces from hindquarters placed under supervision . However, the fact that a negligible part of that total quantity is missing does not, in the absence of bad faith, constitute sufficient grounds for considering that the condition relating to exportation has not been met with regard to the remainder of the meat .