Opinion of the Advocate General — ECLI:EU:C:2002:714
Date: 2002-11-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;External relations;Fruit and vegetables;Commercial policy;Bananas
Procedure: Appeal - unfounded;Action for damages
Origin: Germany

Summary of the Judgment 
Agriculture — Common organisation of the markets — Bananas — Import arrange­
ments — Tariff quota — Allocation — Determination of reference quantities on the 
basis of the actual imports of the various operators — Proof that imports have actually 
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SUMMARY — CASE C-213/01 P 
taken place — Proof that customs duties applicable were paid — Lack of probative force 
of proof of payment of customs duties at a level fixed provisionally by a national court in 
interlocutory proceedings 
(Commission Regulation No 2362/98, Arts 4 and 5(3), first subpara, (b)) 
Customs duties determined provisionally in 
interlocutory proceedings are not necess­
arily the customs duties which are appli­
cable on the day on which customs import 
formalities are completed, proof of pay­
ment of which operators must, under 
Article 5(3), first subparagraph under (b), 
of Regulation No 2362/98, laying down 
detailed rules for the implementation of 
Regulation No 404/93 regarding imports of 
bananas into the Community, provide in 
order to demonstrate that the quantities of 
bananas which they wish to have included 
in the calculation of the annual reference 
quantity provided for in Article 4 of that 
regulation have actually been imported. 
(see para. 20) 
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