EN Official Journal of the European Union C 100/7

Judgment of the Court (Fifth Chamber) of 25 February 2010 (reference for a preliminary ruling from the Fővárosi Bíróság (Republic of Hungary)) — Sió-Eckes kft. v Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

(Case C-25/09) (1)

(Common agricultural policy - Regulation (EC) No 2201/96 - Common organisation of the markets in processed fruit and vegetable products - Regulation (EC) No 1535/2003 - Aid scheme for products processed from fruit and vegetables - Processed products - Peaches in syrup and/or in natural fruit juice - Finished products)

2010/C 100/10

Language of the case: Hungarian

Referring court

Fővárosi Bíróság

Parties to the main proceedings

Applicant: Sió-Eckes kft.

Defendant: Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve

Re:

Reference for a preliminary ruling — Fővárosi Bíróság (Hungary) — Interpretation of Article 2(1) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (OJ 1996 L 297, p.29), of Article 2(1) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (OJ 2003 L 218, p. 14) and Article 3 of Commission Regulation (EEC) No 2320/89 of 28 July 1989 on minimum quality requirements for peaches in syrup and peaches in natural fruit juice for the application of the production aid scheme (OJ 1989 L 220, p. 54) — Peach pulp produced in the context of the aid scheme for products processed from fruit and vegetables — Applicability of that aid scheme to peach pulp presented in a way not provided for under Regulation (EEC) No 2320/89, and to semi-finished products resulting from the separate phases of peach processing and intended for subsequent processing

Operative part of the judgment

1. Article 2(1) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products, as amended by Commission Regulation (EC) No 386/2004 of 1 March 2004, must be interpreted as meaning that a product which is covered by one of the CN codes listed in Annex I to that regulation, as amended, including CN code 2008 70 92, and which corresponds to the definition ‘peaches in syrup and/or in natural fruit juice’, within the meaning of that regulation, read in conjunction with Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables, as amended by Regulation No 386/2004, and with Commission Regulation (EEC) No 2320/89 of 28 July 1989 laying down minimum quality requirements for peaches in syrup and/or in natural fruit juice under the production aid scheme, as amended by Commission Regulation (EC) No 996/2001 of 22 May 2001, qualifies for the aid scheme referred to in that provision.

2. The product obtained at the end of each different stage of processing of peaches may be regarded as being a finished product for the purposes of Regulations Nos 2201/96 and 1535/2003, as amended, provided that it has the characteristics set out in Article 2(1) of Regulation No 1535/2003, as amended.

(1) OJ C 82, 4.4.2009.