Judgment — ECLI:EU:C:2005:716
Date: 2005-11-24
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products;Free movement of goods;Common customs tariff;Customs Union
Concepts: Exports
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture – Common organisation of the markets – Milk and milk products – Export refunds – Products conferring entitlement thereto – Cheese intended by its nature for processing in a third country – Included – Condition – Classification under one of the agricultural product nomenclature codes (Commission Regulations No 1706/89, Annex, and No 3445/89, Annex) Cheese exported in 1990 which, by its nature, is intended for processing in a third country may be covered by an export refund under Article 17(1) of Regulation No 804/68 on the common organisation of the market in milk and milk products, as amended by Regulation No 3904/87, provided that it is classified, taking account of its type and composition, under one of the product codes in the annex to Regulation No 1706/89 fixing the export refunds on milk and milk products, as defined by the agricultural product nomenclature for export refunds annexed to Regulation No 3445/89 establishing the full version, applicable from 1 January 1990, of the agricultural product nomenclature for export refunds. (see para. 33, operative part)