# C_2017104EN.01002001.xml

| 3.4.2017 | EN | Official Journal of the European Union | C 104/20 |
| --- | --- | --- | --- |

3.4.2017

EN

Official Journal of the European Union

C 104/20

---

Judgment of the Court (Third Chamber) of 9 February 2017 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Raffinerie Tirlemontoise SA v État belge

(Case C-585/15) (1)

1

((Reference for a preliminary ruling - Sugar - Production levies - Calculation of the average loss - Calculation of production levies - Regulation (EC) No 2267/2000 - Validity - Regulation (EC) No 1993/2001 - Validity))

(2017/C 104/29)

Language of the case: French

Referring court

Referring court

Tribunal de première instance francophone de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Applicant: Raffinerie Tirlemontoise SA

Applicant:

Defendant: État belge

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 33(1) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector must be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities of those products which were exported, regardless of whether or not refunds have in fact been paid for the latter. |
| --- | --- |

1.

Article 33(1) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector must be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities of those products which were exported, regardless of whether or not refunds have in fact been paid for the latter.

| 2. | Article 33(2) of that regulation must be interpreted as meaning that, for the purpose of the overall calculation of the production levies, it is necessary to take into account the average loss calculated by dividing the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities exported for those products, regardless of whether or not refunds have in fact been paid for the latter. |
| --- | --- |

2.

Article 33(2) of that regulation must be interpreted as meaning that, for the purpose of the overall calculation of the production levies, it is necessary to take into account the average loss calculated by dividing the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities exported for those products, regardless of whether or not refunds have in fact been paid for the latter.

| 3. | Commission Regulation (EC) No 2267/2000 of 12 October 2000 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and Commission Regulation (EC) No 1993/2001 of 11 October 2001 fixing the production levies in the sugar sector for the 2000/2001 marketing year are invalid. |
| --- | --- |

3.

Commission Regulation (EC) No 2267/2000 of 12 October 2000 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and Commission Regulation (EC) No 1993/2001 of 11 October 2001 fixing the production levies in the sugar sector for the 2000/2001 marketing year are invalid.

---

(1)  OJ C 38, 1.2.2016.

1

---