EN Official Journal of the European Union C 282/5

Judgment of the Court (Second Chamber) of 1 October 2009 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Proceedings brought by Compañía Española de Comercialización de Aceite SA

(Case C-505/07) (1)

(Reference for a preliminary ruling - Common organisation of the market in oils and fats - Regulation No 136/66/EEC - Article 12a - Storage of olive oil without Community financing - Powers of national competition authorities)

2009/C 282/07

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Compañía Española de Comercialización de Aceite SA

Intervening parties: Associación Española de la Industria y Comercio Exportador de Aceite de Oliva (Asoliva), Asociación Nacional de Industriales Envasadores y Refinadores de Aceites Comestibles (Anierac), Administración del Estado

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Article 12a of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (OJ, English Special Edition 1965-1966, p. 221) as amended by Council Regulation (EC) No 1638/98 (OJ 1998 L 210, p 32), of Council Regulation (EC) No 952/97 of 20 May 1997 on producer groups and associations thereof (OJ 1997 L 142, p. 30) and of Regulation No 26 applying certain rules of competition to production of and trade in agricultural products (OJ, English Special Edition 1959-1962, p. 129) — Meaning of ‘authorised body’ — Meaning of producer groups and associations thereof — Storage

Operative part of the judgment

1. A public limited company, the capital of which is held predominantly by olive oil producers, oil pressers and olive growers’ cooperatives, and the remainder of the capital of which is held by financial entities, is capable of coming within the concept of a body, within the meaning of Article 12a of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats, as amended by Council Regulation (EC) No 1638/98 of 20 July 1998, which may be authorised to conclude a contract for the private storage of olive oil under that provision, subject to it meeting the conditions laid down therein.

2. The ‘approval by the Member State’, which bodies within the meaning of Article 12a of Regulation No 136/66 — as amended by Regulation No 1638/98 — must have, can be obtained in the context of application for an individual exemption (‘authorisation’) submitted to the national competition authorities, provided that those authorities have the means necessary to verify the suitability of the body which has submitted the application to carry out the private storage of olive oil in compliance with the legal requirements.

3. Article 12a of Regulation No 136/66, as amended by Regulation No 1638/98, does not preclude a mechanism for the purchase and storage of olive oil which is agreed and financed privately, and which has not undergone the authorisation procedure to which that provision refers.

4. To the extent that the national competition authorities refrain from taking any measure which might undermine or create exceptions to the common organisation of the market in olive oil and from taking decisions which conflict with those of the Commission of the European Communities or create the risk of such conflict, they can apply national competition law to an agreement which is likely to affect the market in olive oil at Community level.

(1) OJ C 37, 09.02.2008.