Opinion of the Advocate General — ECLI:EU:C:1998:602
Date: 1998-12-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fruit and vegetables;Free movement of goods;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Agriculture — Common organisation of the markets — Fruit and vegetables — Safeguard mea­
sures on the importation of sour cherries — Import price lower than fixed minimum price — 
Significant but unexpected deterioration of the fruit — Circumstance beyond the control of the 
importer and unconnected with the origin of the goods — Levy of a countervailing charge — 
Unlawful 
(Commission Regulation No 1395/94, Art. 1) 
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SUMMARY — CASE C-31/98 
Article 1 of Regulation N o 1395/94 estab­
lishing a minimum import price for sour 
cherries must be interpreted as meaning that 
the countervailing charge it prescribes where 
the minimum import price is not observed 
may not be levied in respect of sour cherries 
released for free circulation within the Com­
munity at a low price, where their low price 
is attributable to circumstances beyond the 
control of the importer and unconnected with 
the origin of the goods, such as a significant 
but unexpected deterioration of the fruit. 
Once the objective of Regulation N o 1395/94, 
which consists in protecting the Community 
market against the influx of goods imported 
at low prices, is attained, the levying of a 
countervailing charge is illegal. 
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