# C_2004217EN.01001202.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/12 |
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28.8.2004

EN

Official Journal of the European Union

C 217/12

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Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by order of that court of 9 June 2004 in the case of Koninklijke Coöperatie Cosun U.A. against Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-248/04)

(2004/C 217/23)

Reference has been made to the Court of Justice of the European Communities by order of the College van Beroep voor het bedrijfsleven (Administrative court for trade and industry) of 9 June 2004, received at the Court Registry on 11 June 2004, for a preliminary ruling in the case of Koninklijke Coöperatie Cosun U.A. against Minister van Landbouw, Natuur en Voedselkwaliteit (Minister for Agriculture, Nature and Food Quality) on the following questions:

| 1. | If the possibility of remission under Article 13 of Regulation (EEC) No 1430/79 (1), now replaced by Article 239 of the Community Customs Code, is not applicable to levies on C sugar as in the present action, are Council Regulation (EEC) No 1785/81 (2) of 30 June 1981 on the common organization of the markets in the sugar sector and Commission Regulation (EEC) No 2670/81 (3) of 14 September 1981 laying down detailed implementing rules in respect of sugar production wholly or partly invalid in view of the absence of the possibility of repaying or remitting levies on C sugar on equitable grounds? |
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1.

If the possibility of remission under Article 13 of Regulation (EEC) No 1430/79 (1), now replaced by Article 239 of the Community Customs Code, is not applicable to levies on C sugar as in the present action, are Council Regulation (EEC) No 1785/81 (2) of 30 June 1981 on the common organization of the markets in the sugar sector and Commission Regulation (EEC) No 2670/81 (3) of 14 September 1981 laying down detailed implementing rules in respect of sugar production wholly or partly invalid in view of the absence of the possibility of repaying or remitting levies on C sugar on equitable grounds?

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| 2. | If so, does the legal liability to the levy on C sugar no longer apply, or may the competent authority of the Member State concerned and/or the Commission decide not to impose the levy on quantities of C sugar in accordance with Article 3 of Regulation (EEC) No 2670/81, if the party liable for the levy cannot be accused of any deception or negligence which may have contributed to the fact that the export of those quantities intended by him has not taken place and that in the interests of an investigation by the national authorities into infringements and irregularities that party has not been informed of the investigation referred to? |
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If so, does the legal liability to the levy on C sugar no longer apply, or may the competent authority of the Member State concerned and/or the Commission decide not to impose the levy on quantities of C sugar in accordance with Article 3 of Regulation (EEC) No 2670/81, if the party liable for the levy cannot be accused of any deception or negligence which may have contributed to the fact that the export of those quantities intended by him has not taken place and that in the interests of an investigation by the national authorities into infringements and irregularities that party has not been informed of the investigation referred to?

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(1)  OJ L 175 of 12.7.1979, p. 1.

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(2)  OJ L 177 of 1.7.1981, p. 4.

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(3)  OJ L 262 of 16.9.1981, p. 14.

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