# C_2010100EN.01000702.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/7 |
| --- | --- | --- | --- |

17.4.2010

EN

Official Journal of the European Union

C 100/7

---

Judgment of the Court (Fifth Chamber) of 25 February 2010 (reference for a preliminary ruling from the Fővárosi Bíróság (Republic of Hungary)) — Sió-Eckes kft. v Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

(Case C-25/09) (1)

1

(Common agricultural policy - Regulation (EC) No 2201/96 - Common organisation of the markets in processed fruit and vegetable products - Regulation (EC) No 1535/2003 - Aid scheme for products processed from fruit and vegetables - Processed products - Peaches in syrup and/or in natural fruit juice - Finished products)

2010/C 100/10

Language of the case: Hungarian

Referring court

Referring court

Fővárosi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sió-Eckes kft.

Applicant:

Defendant: Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

Defendant:

Re:

Re:

Reference for a preliminary ruling — Fővárosi Bíróság (Hungary) — Interpretation of Article 2(1) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (OJ 1996 L 297, p.29), of Article 2(1) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (OJ 2003 L 218, p. 14) and Article 3 of Commission Regulation (EEC) No 2320/89 of 28 July 1989 on minimum quality requirements for peaches in syrup and peaches in natural fruit juice for the application of the production aid scheme (OJ 1989 L 220, p. 54) — Peach pulp produced in the context of the aid scheme for products processed from fruit and vegetables — Applicability of that aid scheme to peach pulp presented in a way not provided for under Regulation (EEC) No 2320/89, and to semi-finished products resulting from the separate phases of peach processing and intended for subsequent processing

Operative part of the judgment

Operative part of the judgment

| 1. | Article 2(1) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products, as amended by Commission Regulation (EC) No 386/2004 of 1 March 2004, must be interpreted as meaning that a product which is covered by one of the CN codes listed in Annex I to that regulation, as amended, including CN code 2008 70 92, and which corresponds to the definition ‘peaches in syrup and/or in natural fruit juice’, within the meaning of that regulation, read in conjunction with Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables, as amended by Regulation No 386/2004, and with Commission Regulation (EEC) No 2320/89 of 28 July 1989 laying down minimum quality requirements for peaches in syrup and/or in natural fruit juice under the production aid scheme, as amended by Commission Regulation (EC) No 996/2001 of 22 May 2001, qualifies for the aid scheme referred to in that provision. |
| --- | --- |

1.

Article 2(1) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products, as amended by Commission Regulation (EC) No 386/2004 of 1 March 2004, must be interpreted as meaning that a product which is covered by one of the CN codes listed in Annex I to that regulation, as amended, including CN code 2008 70 92, and which corresponds to the definition ‘peaches in syrup and/or in natural fruit juice’, within the meaning of that regulation, read in conjunction with Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables, as amended by Regulation No 386/2004, and with Commission Regulation (EEC) No 2320/89 of 28 July 1989 laying down minimum quality requirements for peaches in syrup and/or in natural fruit juice under the production aid scheme, as amended by Commission Regulation (EC) No 996/2001 of 22 May 2001, qualifies for the aid scheme referred to in that provision.

| 2. | The product obtained at the end of each different stage of processing of peaches may be regarded as being a finished product for the purposes of Regulations Nos 2201/96 and 1535/2003, as amended, provided that it has the characteristics set out in Article 2(1) of Regulation No 1535/2003, as amended. |
| --- | --- |

2.

The product obtained at the end of each different stage of processing of peaches may be regarded as being a finished product for the purposes of Regulations Nos 2201/96 and 1535/2003, as amended, provided that it has the characteristics set out in Article 2(1) of Regulation No 1535/2003, as amended.

---

(1)  OJ C 82, 4.4.2009.

1

---