# C_2008327EN.01000602.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 327/6 |
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20.12.2008

EN

Official Journal of the European Union

C 327/6

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Order of the Court (Sixth Chamber) of 6 October 2008 (reference for a preliminary ruling from the Tribunal de Grande Instance de Nanterre (France)) — Société Roquette Frères v Direction Générale des Douanes et Droits Indirects, Recette Principale de Gennevilliers de la Direction Générale des Douanes et des Droits Indirects

(Case C-466/06) (1)

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(Article 104(3) of the Rules of Procedure - Common organisation of the markets in the sugar sector - Isoglucose - Setting of basic quantities for the allocation of production quotas - Isoglucose produced as an intermediate product - Article 24(2) of Regulation (EEC) No 1785/81 - Article 27(3) of Regulation (EC) No 2038/1999 - Article 1 of Regulation (EC) No 2073/2000 - Article 11(2) of Regulation (EC) No 1260/2001 - Article 1 of Regulation (EC) No 1745/2002 - Article 1 of Regulation (EC) No 1739/2003 - Production levies - Detailed rules for the application of the quota system - Account taken of the quantities of sugar in processed products - Determination of the exportable surplus - Determination of average loss)

(2008/C 327/10)

Language of the case: French

Referring court

Tribunal de Grande Instance de Nanterre

Parties

Applicant: Société Roquette Frères

Applicant:

Defendant: Direction Générale des Douanes et Droits Indirects, Recette Principale de Gennevilliers de la Direction Générale des Douanes et des Droits Indirects

Defendant:

Re:

Reference for a preliminary ruling — Tribunal de Grande Instance de Nanterre — Validity of Article 24(2) of Regulation (EEC) No 1758/81, Article 27(3) of Regulation (EC) No 2038/1999, Article 1 of Regulation (EC) No 2073/2000, Article 1(2) of Regulation (EC) No 1745/2002 and Article 1 of Regulation (EC) No 1739/2003 — Common organisation of the markets in the sugar sector — Isoglucose production quotas — (Non) inclusion of isoglucose used as an intermediate product — Validity of Regulation (EEC) No 1443/82 and Regulation (EC) No 314/2002 — Method of calculating levies due in respect of isoglucose production

Operative part of the order

| 1. | Consideration of the first question referred has disclosed no factor of such a kind as to affect the validity of Article 24(2) of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector, Article 27(3) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector, Article 1 of Commission Regulation (EC) No 2073/2000 of 29 September 2000 reducing, for the 2000/2001 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements, Article 11(2) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, Article 1 Commission Regulation (EC) No 1745/2002 of 30 September 2002 reducing, for the 2002/2003 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements or Article 1 of Commission Regulation (EC) No 1739/2003 of 30 September 2003 reducing, for the 2003/2004 marketing year, the guaranteed quantity under the production quotas for the sugar sector and the presumed maximum supply needs of sugar refineries under preferential imports. |
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1.

Consideration of the first question referred has disclosed no factor of such a kind as to affect the validity of Article 24(2) of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector, Article 27(3) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector, Article 1 of Commission Regulation (EC) No 2073/2000 of 29 September 2000 reducing, for the 2000/2001 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements, Article 11(2) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, Article 1 Commission Regulation (EC) No 1745/2002 of 30 September 2002 reducing, for the 2002/2003 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements or Article 1 of Commission Regulation (EC) No 1739/2003 of 30 September 2003 reducing, for the 2003/2004 marketing year, the guaranteed quantity under the production quotas for the sugar sector and the presumed maximum supply needs of sugar refineries under preferential imports.

| 2. | Consideration of the first subparagraph of Article 5(5) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector, as amended by Commission Regulation (EC) No 392/94 of 23 February 1994, and Article 6(4) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector, as amended, where appropriate, by Commission Regulation (EC) No 1140/2003 of 27 June 2003 has disclosed no factor of such a kind as to affect the validity of those provisions. |
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2.

Consideration of the first subparagraph of Article 5(5) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector, as amended by Commission Regulation (EC) No 392/94 of 23 February 1994, and Article 6(4) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector, as amended, where appropriate, by Commission Regulation (EC) No 1140/2003 of 27 June 2003 has disclosed no factor of such a kind as to affect the validity of those provisions.

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(1)  OJ C 154, 1.7.2006.

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