Judgment — ECLI:EU:C:2005:24
Date: 2005-01-13
Language of the case: Dutch
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Cereals;External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Concepts: Imports
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture – Common organisation of the markets – Cereals – Import regime – Tariff quota – Barley – Quota referring only to high-graded barley – Breach of the principle of non-discrimination – None (Art. 34( 2), second para., EC; Council Regulations Nos 1269/1999 and 822/2001) The restriction of the scope of the Community tariff quotas opened by Regulations Nos 1269/1999 and 822/2001 to high-graded barley only, intended for the production of malt to be used in the manufacture of beers aged in tanks containing beechwood, does not constitute a breach of the principle of non-discrimination where it is objectively justified by the differences between that barley on the one hand, and barley intended for the production of other beers on the other. (see para. 22)