# C_2005115EN.01001402.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/14 |
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14.5.2005

EN

Official Journal of the European Union

C 115/14

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Reference for a preliminary ruling from the Tribunal de commerce de Nancy by judgment of that court of 14 February 2005 in Ets Dhumeaux et Cie SA — Société d'Etudes et de Commerce ‘SEC’ v ALBV SA, ALBV SA v Tragex Gel — Institut d'expertise vétérinaire ‘IEV’, ALBV SA v Cigma International SA and ALBV SA v Mr Gustin in his capacity as administrator of Tragex Gel

(Case C-116/05)

(2005/C 115/26)

Language of the case: French

Reference has been made to the Court of Justice of the European Communities by judgment of the Tribunal de commerce de Nancy (France) of 14 February 2005, received at the Court Registry on 10 March 2005, for a preliminary ruling in the proceedings between Ets Dhumeaux et Cie SA — Société d'Etudes et de Commerce ‘SEC’ and ALBV SA, ALBV SA and Tragex Gel — Institut d'expertise vétérinaire ‘IEV’, ALBV SA and Cigma International SA and ALBV SA and Mr Gustin in his capacity as administrator of Tragex Gel on the following questions:

| — | Where the export of beef and veal on which refunds are granted requires the presentation of a health certificate formally drawn up by the competent veterinary authority after daily inspections of the cutting plant for that meat, must the principle of legitimate expectations be interpreted as meaning that the recipients of that certificate (the intermediary purchaser, the exporter) may legitimately expect it to correspond with the product origin indicated, such that any errors, faults or negligent acts committed by those authorities in exercising their powers must be regarded as exceeding the ordinary risks of business borne by those recipients and must lead the Member State in question to assume directly the financial and other consequences thereof, in particular vis-à-vis the EAGGF? |
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Where the export of beef and veal on which refunds are granted requires the presentation of a health certificate formally drawn up by the competent veterinary authority after daily inspections of the cutting plant for that meat, must the principle of legitimate expectations be interpreted as meaning that the recipients of that certificate (the intermediary purchaser, the exporter) may legitimately expect it to correspond with the product origin indicated, such that any errors, faults or negligent acts committed by those authorities in exercising their powers must be regarded as exceeding the ordinary risks of business borne by those recipients and must lead the Member State in question to assume directly the financial and other consequences thereof, in particular vis-à-vis the EAGGF?

| — | Where trading in beef and veal requires the presentation of certificates of health and origin formally drawn up by the competent veterinary authority after daily inspections of the production plant, do the errors, faults or negligent acts established by a court, which are committed by those authorities in exercising their powers and lead to incorrect certification to the detriment of the operators and exporters, constitute force majeure? |
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Where trading in beef and veal requires the presentation of certificates of health and origin formally drawn up by the competent veterinary authority after daily inspections of the production plant, do the errors, faults or negligent acts established by a court, which are committed by those authorities in exercising their powers and lead to incorrect certification to the detriment of the operators and exporters, constitute force majeure?

force majeure

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