# C_2009082EN.01001302.xml

| 4.4.2009 | EN | Official Journal of the European Union | C 82/13 |
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4.4.2009

EN

Official Journal of the European Union

C 82/13

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Reference for a preliminary ruling from the Fővarosi Bíróság (Hungary) lodged on 19 January 2009 — Sió-Eckes Kft. v Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

(Case C-25/09)

(2009/C 82/25)

Language of the case:Hungarian

Referring court

Fővarosi Bíróság

Parties to the main proceedings

Applicant: Sió-Eckes Kft.

Applicant:

Defendant: Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

Defendant:

Questions referred

| 1. | May Article 2(1) of Council Regulation (EC) No 2201/96 (1) be interpreted as meaning that, in accordance with Annex I, the production aid scheme applies, not only to peaches in syrup and/or in natural fruit juice included in CN code ex 2008 70 61, but also to the products with other CN codes listed in that annex (ex 2008 70 69, etc)? |
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1.

May Article 2(1) of Council Regulation (EC) No 2201/96 (1) be interpreted as meaning that, in accordance with Annex I, the production aid scheme applies, not only to peaches in syrup and/or in natural fruit juice included in CN code ex 2008 70 61, but also to the products with other CN codes listed in that annex (ex 2008 70 69, etc)?

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| 2. | Does the processor which manufactures products under CN code ex 2008 70 92 comply with the provisions of Regulation No 2201/96? |
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2.

Does the processor which manufactures products under CN code ex 2008 70 92 comply with the provisions of Regulation No 2201/96?

| 3. | May Article 2(1) of Commission Regulation (EC) No 1535/2003 (2) be interpreted as meaning that the products designated by CN codes ex 2008 70 61, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99 are also finished products within the meaning of the regulation? |
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3.

May Article 2(1) of Commission Regulation (EC) No 1535/2003 (2) be interpreted as meaning that the products designated by CN codes ex 2008 70 61, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99 are also finished products within the meaning of the regulation?

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| 4. | In so far as, in accordance with the answers to the previous questions, the definition of finished products is applicable only to the peaches described in Article 3 of Commission Regulation (EEC) No 2320/89 (3), why are the CN codes of other products included in the regulations previously cited? |
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4.

In so far as, in accordance with the answers to the previous questions, the definition of finished products is applicable only to the peaches described in Article 3 of Commission Regulation (EEC) No 2320/89 (3), why are the CN codes of other products included in the regulations previously cited?

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| 5. | In accordance with the regulations cited above, may the products resulting from the separate phases of peach processing be regarded as finished products, regardless of whether they may be marketed (for example, the pulp)? |
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5.

In accordance with the regulations cited above, may the products resulting from the separate phases of peach processing be regarded as finished products, regardless of whether they may be marketed (for example, the pulp)?

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(1)  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).

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(2)  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).

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(3)  Commission Regulation (EEC) No 2320/89 of 28 July 1989 of 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).

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