Opinion of the Advocate General — ECLI:EU:C:2005:79
Date: 2005-02-03
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal;Monetary measures in the field of agriculture
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture — Common organisation of the markets — Export refunds — Conditions for granting — Products of sound and fair marketable quality — Meaning — Meat which cannot be marketed in normal conditions— Excluded (Commission Regulation No 3665/87, Art. 13) Article 13 of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products must be interpreted as meaning that meat fulfilling the hygiene criteria, the marketing of which for human consumption within the European Community is restricted by Community rules to the local market because it comes from animals which have undergone special emergency slaughtering, cannot be regarded as being of ‘sound and fair marketable quality’, as required for the grant of export refunds. Since such meat cannot be marketed in normal conditions, even if it fulfils the hygiene criteria and is the object of a commercial transaction, it does not meet that requirement for the grant of a refund. (see paras 22, 30, 32, operative part)