# C_2016038EN.01003101.xml

| 1.2.2016 | EN | Official Journal of the European Union | C 38/31 |
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1.2.2016

EN

Official Journal of the European Union

C 38/31

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Request for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium) lodged on 12 November 2015 — Raffinerie Tirlemontoise SA v État belge

(Case C-585/15)

(2016/C 038/44)

Language of the case: French

Referring court

Referring court

Tribunal de première instance de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Applicant: Raffinerie Tirlemontoise SA

Applicant:

Defendant: État belge

Defendant:

Questions referred

Questions referred

| 1. | Is 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 (1) to be interpreted — particularly in the light of the judgment of 27 September 2012 in Zuckerfabrik Jülich (C-113/10, C-147/10 and C-234/10) — 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.

Is 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 (1) to be interpreted — particularly in the light of the judgment of 27 September 2012 in Zuckerfabrik Jülich (C-113/10, C-147/10 and C-234/10) — 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?

1

Zuckerfabrik Jülich

| 2. | Is Article 33(2) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector to be interpreted — particularly in the light of the judgment of 27 September 2012 in Zuckerfabrik Jülich (C-113/10, C-147/10 and C-234/10) — as meaning that the carry forward to be taken into account (as a debit or credit item) in the overall calculation of the production levies is to be calculated, for all categories of sugar exported, by dividing the total amount of the actual expenditure by the total amount of the quantities actually exported, regardless of whether or not export refunds have actually been paid for those quantities? |
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2.

Is Article 33(2) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector to be interpreted — particularly in the light of the judgment of 27 September 2012 in Zuckerfabrik Jülich (C-113/10, C-147/10 and C-234/10) — as meaning that the carry forward to be taken into account (as a debit or credit item) in the overall calculation of the production levies is to be calculated, for all categories of sugar exported, by dividing the total amount of the actual expenditure by the total amount of the quantities actually exported, regardless of whether or not export refunds have actually been paid for those quantities?

Zuckerfabrik Jülich

| 3. | If the answer to Question 1 is in the affirmative, are Regulation No 2267/2000 (2) and Regulation No 1993/2001 (3) invalid? |
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3.

If the answer to Question 1 is in the affirmative, are Regulation No 2267/2000 (2) and Regulation No 1993/2001 (3) invalid?

2

3

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(1)  OJ 1999 L 252, p. 1.

1

(2)  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 (OJ 2000 L 259, p. 29).

2

(3)  Commission Regulation (EC) No 1993/2001 of 11 October 2001 fixing the production levies in the sugar sector for the 2000/01 marketing year (OJ 2001 L 271, p. 15).

3

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