# C_2005093EN.01001001.xml

| 16.4.2005 | EN | Official Journal of the European Union | C 93/10 |
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16.4.2005

EN

Official Journal of the European Union

C 93/10

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Reference for a preliminary ruling from the College van Beroep voor het Bedrijsleven by order of that court of 2 February 2005 in Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-45/05)

(2005/C 93/18)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by order of the College van Beroep voor het Bedrijsleven (Administrative Court for Trade and Industry) (Netherlands) of 2 February 2005, received at the Court Registry on 8 February 2005, for a preliminary ruling in the proceedings between Maatschap Schonewille-Prins and Minister van Landbouw, Natuur en Voedselkwaliteit on the following questions:

| 1. | Is Article 21 of Regulation (EC) No 1254/1999 (1) to be interpreted as meaning that any irregularity in complying with Regulation (EC) No 1760/2000 in respect of an animal results in the complete exclusion of slaughter premium for that animal? |
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1.

Is Article 21 of Regulation (EC) No 1254/1999 (1) to be interpreted as meaning that any irregularity in complying with Regulation (EC) No 1760/2000 in respect of an animal results in the complete exclusion of slaughter premium for that animal?

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| 2. | If question 1 is to be answered in the affirmative, is Article 21 of Regulation (EC) No 1254/1999 then binding, in particular regarding the resulting consequences? |
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2.

If question 1 is to be answered in the affirmative, is Article 21 of Regulation (EC) No 1254/1999 then binding, in particular regarding the resulting consequences?

| 3. | Are Articles 44 and 45 of Regulation (EC) No 2419/2001 (2) applicable to irregularities in complying with Regulation (EC) No 1760/2000? (3) |
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3.

Are Articles 44 and 45 of Regulation (EC) No 2419/2001 (2) applicable to irregularities in complying with Regulation (EC) No 1760/2000? (3)

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| 4. | If question 3 is to be answered in the affirmative, does the correct application of Article 45 of Regulation (EC) No 2419/2001 in conjunction with Article 44 mean that the exclusion of slaughter premium is not applicable to an omission relating to the notification of information to the keeper of the computerised database if the information provided, such as in this case the dates of delivery, is factually entirely accurate (and was also correct from the very beginning and therefore did not need to be amended)? If this does not apply to every omission, does it apply in the situation at issue in this dispute, where the omission has consisted of the late provision of information (by a few days or a few weeks), with slaughter taking place some considerable time later? |
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4.

If question 3 is to be answered in the affirmative, does the correct application of Article 45 of Regulation (EC) No 2419/2001 in conjunction with Article 44 mean that the exclusion of slaughter premium is not applicable to an omission relating to the notification of information to the keeper of the computerised database if the information provided, such as in this case the dates of delivery, is factually entirely accurate (and was also correct from the very beginning and therefore did not need to be amended)? If this does not apply to every omission, does it apply in the situation at issue in this dispute, where the omission has consisted of the late provision of information (by a few days or a few weeks), with slaughter taking place some considerable time later?

| 5. | Is Article 11 of Regulation (EEC) No 3887/92 (4) and/or Article 22 of Regulation (EC) No 1760/2000 and/or Article 47(2) of Regulation (EC) No 2419/2001 to be interpreted as meaning that a Member State is authorised to exclude the Community right to a slaughter premium or apply reductions to it by means of a national sanction to ensure compliance with the provisions of the Regulation? |
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5.

Is Article 11 of Regulation (EEC) No 3887/92 (4) and/or Article 22 of Regulation (EC) No 1760/2000 and/or Article 47(2) of Regulation (EC) No 2419/2001 to be interpreted as meaning that a Member State is authorised to exclude the Community right to a slaughter premium or apply reductions to it by means of a national sanction to ensure compliance with the provisions of the Regulation?

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| 6. | If question 5 is to be answered wholly or partially in the affirmative, do the exceptions from Community reductions and exclusions laid down at Community level, in particular Articles 44 and 45 of Regulation (EC) No 2419/2001, apply by analogy to national reductions and exclusions? |
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6.

If question 5 is to be answered wholly or partially in the affirmative, do the exceptions from Community reductions and exclusions laid down at Community level, in particular Articles 44 and 45 of Regulation (EC) No 2419/2001, apply by analogy to national reductions and exclusions?

| 7. | If question 6 is to be answered in the affirmative, does a correct application of Article 45 of Regulation (EC) No 2419/2001 in conjunction with Article 44 mean that omissions relating to the notification of information to the computerised database, in particular the late provision of information, cannot result in the exclusion of slaughter premium if the information in the register, such as in this case the date of delivery, is factually entirely accurate? |
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7.

If question 6 is to be answered in the affirmative, does a correct application of Article 45 of Regulation (EC) No 2419/2001 in conjunction with Article 44 mean that omissions relating to the notification of information to the computerised database, in particular the late provision of information, cannot result in the exclusion of slaughter premium if the information in the register, such as in this case the date of delivery, is factually entirely accurate?

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(1)  Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (OJ 1999 L 160, p. 21).

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(2)  Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 (OJ 2001 L 327, p. 11).

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(3)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ 2000 L 204, p. 1).

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(4)  Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (OJ 1992 L 391, p. 36).

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