# C_2006036EN.01000701.xml

| 11.2.2006 | EN | Official Journal of the European Union | C 36/7 |
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11.2.2006

EN

Official Journal of the European Union

C 36/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 6 December 2005

in Case C-461/03: reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven Gaston Schul Douane-expediteur BV v Minister van Landbouw, Natuur en Voedselkwaliteit (1)

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(Article 234 EC - Obligation on a national court to seek a preliminary ruling - Invalidity of a provision of Community law - Sugar - Additional import duty - Regulation (EC) No 1423/95 - Article 4)

(2006/C 36/11)

Language of the case: Dutch

In Case C-461/03: reference for a preliminary ruling under Article 234 EC from the College van Beroep voor het bedrijfsleven (Netherlands), made by decision of 24 October 2003, received at the Court on 4 November 2003, in the proceedings between Gaston Schul Douane-expediteur BV and Minister van Landbouw, Natuur en Voedselkwaliteit — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas and J. Malenovský, Presidents of Chambers, N. Colneric (Rapporteur), S. von Bahr, J.N. Cunha Rodrigues, R. Silva de Lapuerta, K. Lenaerts, G. Arestis, A. Borg Barthet and M. Ilešič, Judges; D. Ruiz-Jarabo Colomer, Advocate General, R. Grass, Registrar, gave a judgment on 6 December 2005, the operative part of which is as follows:

Gaston Schul Douane-expediteur BV

Minister van Landbouw, Natuur en Voedselkwaliteit

| 1. | The third paragraph of Article 234 EC requires a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law to seek a ruling from the Court of Justice on a question relating to the validity of the provisions of a regulation even where the Court has already declared invalid analogous provisions of another comparable regulation; |
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1.

The third paragraph of Article 234 EC requires a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law to seek a ruling from the Court of Justice on a question relating to the validity of the provisions of a regulation even where the Court has already declared invalid analogous provisions of another comparable regulation;

| 2. | Paragraphs (1) and (2) of Article 4 of Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses are invalid inasmuch as they provide that the additional duty referred to therein is, as a general rule, established on the basis of the representative price referred to in Article 1(2) of that regulation and that that duty is established on the basis of the cif import price of the shipment concerned only if the importer so requests. |
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2.

Paragraphs (1) and (2) of Article 4 of Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses are invalid inasmuch as they provide that the additional duty referred to therein is, as a general rule, established on the basis of the representative price referred to in Article 1(2) of that regulation and that that duty is established on the basis of the cif import price of the shipment concerned only if the importer so requests.

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(1)  OJ C 7, 10.01.2004.

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