Judgment — ECLI:EU:C:2013:493
Date: 2013-07-18
Language of the case: Italian
Court formation: Ninth Chamber
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary — Judgment of the Court (Ninth Chamber), 18 July 2013 1. Agriculture — Common organisation of the markets —Import and export licences and advance fixing certificates — Security lodged at the time of application for the issue of such licences — Objectives — Guarantee that the obligation to import the product concerned will be fulfilled —Submission of proof of the use of the licence within a certain period (Commission Regulation No 1291/2000, as amended by Regulation No 325/2003, Art. 35) 2. Agriculture — Common organisation of the markets — Import and export licences and advance fixing certificates — Security lodged at the time of application for the issue of such licences — Late submission of proof that a product has been correctly imported — Determination of the amount to be forfeited in respect of the quantities which could not be established by proof provided within the time-limit — Calculation on the basis of the level of security actually applied at the time when the application for the issue of the licence was made — Security lodged on the basis of a rate that was higher than that applicable to other imports of the same type of product — No effect (Commission Regulation No 1291/2000, as amended by Regulation No 325/2003, Art. 35(4)(a) and (c)) 1. Article 35 of Regulation No 1291/2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as amended by Regulation No 325/2003, must be interpreted as meaning that the objective of the security referred to by that provision is not only to guarantee that the obligation to import the product concerned will be fulfilled but also to ensure that proof of the use of the licence will be submitted within a certain period. (see para. 23, operative part 1) 2. Article 35(4)(c) of Regulation No 1291/2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as amended by Regulation No 325/2003, must be interpreted as meaning that, where proof that a product has been correctly imported has been submitted late, the amount to be forfeited, in respect of the quantities for which proof has not been provided within the time-limit set under Article 35(4)(a) of that regulation, must be calculated on the basis of a level of security which was actually applied at the time when the application for the issue of the licence or licences relating to that importation was made. For the purposes of such an interpretation, it is irrelevant that the security was lodged on the basis of a rate that was higher than that applicable to other imports of the same type of product as the product imported, given that the latter was exempted from the payment of import duties. (see para. 33, operative part 2)