# C_2010221EN.01001702.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/17 |
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14.8.2010

EN

Official Journal of the European Union

C 221/17

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Reference for a preliminary ruling from the Tribunal de Grande Instance de Nanterre (France) lodged on 12 May 2010 — Tereos v Directeur général des douanes et droits indirects Receveur principal des douanes et droits indirects de Gennevilliers

(Case C-234/10)

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2010/C 221/28

Language of the case: French

Referring court

Referring court

Tribunal de Grande Instance de Nanterre

Parties to the main proceedings

Parties to the main proceedings

Applicant: Tereos

Applicant:

Defendant: Directeur général des douanes et droits indirects, Receveur principal des douanes et droits indirects de Gennevilliers

Defendant:

Questions referred

Questions referred

| 1. | Must Article 15(1)(d) of Regulation No 1260/2001 (1) be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide, for all categories of sugar exported, the total amount of the actual expenditure by the total amount of the quantities exported, regardless of whether refunds have actually been paid for those quantities or not? |
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1.

Must Article 15(1)(d) of Regulation No 1260/2001 (1) be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide, for all categories of sugar exported, the total amount of the actual expenditure by the total amount of the quantities exported, regardless of whether refunds have actually been paid for those quantities or not?

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| 2. | Is Regulation No 1193/2009 (2) invalid in the light of Article 15 of Council Regulation No 1260/2001 in so far as it fixes a production levy for sugar calculated on the basis of an average loss the calculation of which involves, as regards sugar exported in processed products, a multiplication between the unit amount of the export refund relating to those products and the total quantities exported, including the quantities exported without benefiting from a refund, and not a division of the expenditure actually incurred by the total amount of the quantities exported, with or without a refund? |
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2.

Is Regulation No 1193/2009 (2) invalid in the light of Article 15 of Council Regulation No 1260/2001 in so far as it fixes a production levy for sugar calculated on the basis of an average loss the calculation of which involves, as regards sugar exported in processed products, a multiplication between the unit amount of the export refund relating to those products and the total quantities exported, including the quantities exported without benefiting from a refund, and not a division of the expenditure actually incurred by the total amount of the quantities exported, with or without a refund?

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(1)  Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (OJ 2001 L 178, p. 1).

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(2)  Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 (OJ 2009 L 321, p. 1).

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