Opinion of the Advocate General — ECLI:EU:C:2001:229
Date: 2001-05-02
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Free movement of goods;Customs Union;Eggs and poultry
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
Agriculture — Common organisation of the markets — Poultrymeat — Trade with 
non-member countries — Additional duties on importation — Determination on the 
basis of the cif import price — Importer obliged to make a request — Determination on 
the basis of the representative price — invalidity 
(Council Regulation No 1485/95, Arts 2(1) and 3(1) and (3)) 
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SUMMARY — CASE C-317/99 
Paragraphs (1) and (3) of Article 3 of 
Regulation No 1484/95 laying down 
detailed rules for implementing the system 
of additional import duties and fixing 
additional import duties in the poultrymeat 
and egg sectors and for egg albumin, and 
repealing Regulation No 163/67, are inva­
lid, inasmuch as they provide that the 
additional duty referred to therein is, as a 
general rule, established on the basis of the 
representative price laid down in Arti­
cle 2(1) of Regulation No 1484/95 and 
that the duty is established on the basis of 
the cif import price of the shipment con­
cerned only if the importer so requests. 
(see para. 36 and operative part) 
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