# C_2014142EN.01001101.xml

| 12.5.2014 | EN | Official Journal of the European Union | C 142/11 |
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12.5.2014

EN

Official Journal of the European Union

C 142/11

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Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) lodged on 4 February 2014 — Pfeifer & Langen GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung

(Case C-51/14)

2014/C 142/14

Language of the case: German

Referring court

Referring court

Oberverwaltungsgericht für das Land Nordrhein-Westfalen

Parties to the main proceedings

Parties to the main proceedings

Appellant: Pfeifer & Langen GmbH & Co. KG

Appellant:

Respondent: Bundesanstalt für Landwirtschaft und Ernährung

Respondent:

Questions referred

Questions referred

| 1. | Does Article 14(3) of Regulation (EEC) No 1998/78 (1) contain the definitive provisions governing the replacement of sugar for storage-cost-reimbursement purposes and is it not a precondition under that provision that the replacement sugar must be produced by another manufacturer established on the territory of the same Member State? |
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1.

Does Article 14(3) of Regulation (EEC) No 1998/78 (1) contain the definitive provisions governing the replacement of sugar for storage-cost-reimbursement purposes and is it not a precondition under that provision that the replacement sugar must be produced by another manufacturer established on the territory of the same Member State?

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| 2. | If the answer is in the affirmative: Does Article 14(3) of Regulation (EEC) No 1998/78 make it a condition for claiming reimbursement of storage costs that the replacement C sugar is ‘physically replaced’ at the premises of the sugar manufacturer? |
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2.

If the answer is in the affirmative: Does Article 14(3) of Regulation (EEC) No 1998/78 make it a condition for claiming reimbursement of storage costs that the replacement C sugar is ‘physically replaced’ at the premises of the sugar manufacturer?

| 3. | If Article 2(2) of Regulation (EEC) No 2670/81 (2) is applicable to the replacement of sugar: Does Article 2(2) of Regulation (EEC) No 2670/81 make it a condition for claiming reimbursement of storage costs that the replacement C sugar is ‘physically replaced’ at the premises of the sugar manufacturer? |
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3.

If Article 2(2) of Regulation (EEC) No 2670/81 (2) is applicable to the replacement of sugar: Does Article 2(2) of Regulation (EEC) No 2670/81 make it a condition for claiming reimbursement of storage costs that the replacement C sugar is ‘physically replaced’ at the premises of the sugar manufacturer?

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| 4. | In the alternative: Is Article 2(2) of Regulation (EEC) No 2670/81 invalid in so far as it requires the replacement sugar to have been ‘produced by another manufacturer established on the territory of the same Member State’? |
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4.

In the alternative: Is Article 2(2) of Regulation (EEC) No 2670/81 invalid in so far as it requires the replacement sugar to have been ‘produced by another manufacturer established on the territory of the same Member State’?

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(1)  Commission Regulation (EEC) No 1998/78 of 18 August 1978 laying down detailed rules for the offsetting of storage costs for sugar (OJ 1978 L 231, p. 5).

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(2)  Commission Regulation (EEC) No 2670/81 of 14 September 1981 laying down detailed implementing rules in respect of sugar production in excess of the quota (OJ 1981 L 262, p. 14).

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