Opinion of the Advocate General — ECLI:EU:C:2008:514
Date: 2008-09-18
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Cereals;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 – Variable refund (Commission Regulations No 1501/95, as amended by Regulation No 1259/97, Art. 13, and No 800/1999, Art. 16(3)) Article 13 of Regulation No 1501/95 laying down certain detailed rules for the application of Regulation No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals, as amended by Regulation No 1259/97, which releases operators from the obligation to provide proof of completion of customs formalities for release for consumption where refunds are fixed by invitation to tender on condition that the operator provides proof that a quantity of at least 1 500 tonnes of cereal product has left the customs territory of the Community on board a vessel suitable for sea transport, must be interpreted as meaning that the fact that the operator provides such proof does not release him from the obligation laid down in Article 16(3) of Regulation No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products to produce a copy or a photocopy of the transport documents. (see para. 50, operative part)