Case C-248/04: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by order of that court of 9 June 2004 in the case of Koninklijke Coöperatie Cosun U.A. against Minister van Landbouw, Natuur en Voedselkwaliteit
Date: 2004-08-28
Institutions: Court of Justice
Subjects: agricultural levy, agricultural quota, customs drawback, customs regulations, interpretation of the law, sugar

C 217/12

EN

Official Journal of the European Union

28.8.2004

Reference for a preliminary ruling by the College van
Beroep voor het Bedrijfsleven by judgment of 28 May
2004 in the case of Transport Maatschappij Traffic B.V. v
Staatssecretaris van Economische Zaken

(Case C-247/04)

(2004/C 217/22)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of 28 May 2004 of
the
College van Beroep voor het Bedrijfsleven (Administrative
Court for Trade and Industry), which was received at the Court
Registry on 11 June 2004, for a preliminary ruling in the case
of Transport Maatschappij Traffic B.V. v Staatssecretaris van
Economische Zaken on the following question:

‘Must the term “legally owed” in Article 236 of the Community
Customs Code (the CCC) (1) be understood as referring exclu-
sively to the question whether the conditions for the incurrence
of a customs debt, as set out in Chapter 2 of Title VII of the
CCC, are fulfilled or can legal indebtedness arise only if there
are no grounds, including grounds under the national provi-
sions in force as specified in Article 4(23) of the CCC, for chal-
lenging the notification that duties are owed?’

(1) OJ L 302 of 13.10.1992, p. 1.

tion of the markets in the sugar sector and Commission
Regulation (EEC) No 2670/81 (3) of 14 September 1981
laying down detailed implementing rules in respect of sugar
production wholly or partly invalid in view of the absence
of the possibility of repaying or remitting levies on C sugar
on equitable grounds?

2. If so, does the legal

liability to the levy on C sugar no
longer apply, or may the competent authority of
the
Member State concerned and/or the Commission decide not
to impose the levy on quantities of C sugar in accordance
with Article 3 of Regulation (EEC) No 2670/81, if the party
liable for the levy cannot be accused of any deception or
negligence which may have contributed to the fact that the
export of those quantities intended by him has not taken
place and that in the interests of an investigation by the
national authorities into infringements and irregularities that
party has not been informed of the investigation referred to?

(1) OJ L 175 of 12.7.1979, p. 1.
(2) OJ L 177 of 1.7.1981, p. 4.
(3) OJ L 262 of 16.9.1981, p. 14.

Action brought on 14 June 2004 by the Commission of
the European Communities against the French Republic

(Case C-255/04)

(2004/C 217/24)

Reference for a preliminary ruling by the College van
Beroep voor het bedrijfsleven by order of that court of 9
June 2004 in the case of Koninklijke Coöperatie Cosun
U.A. against Minister van Landbouw, Natuur en Voedsel-
kwaliteit

An action against the French Republic was brought before the
Court of Justice of the European Communities on 14 June
2004 by the Commission of the European Communities, repre-
sented by E. Traversa and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg.

(Case C-248/04)

(2004/C 217/23)

The applicant claims that the Court should:

— Declare that

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the College van Beroep voor het
bedrijfsleven (Administrative court for trade and industry) of 9
June 2004, received at the Court Registry on 11 June 2004, for
a preliminary ruling in the case of Koninklijke Coöperatie
Cosun U.A. against Minister van Landbouw, Natuur en Voed-
selkwaliteit (Minister for Agriculture, Nature and Food Quality)
on the following questions:

1. If the possibility of remission under Article 13 of Regulation
(EEC) No 1430/79 (1), now replaced by Article 239 of the
Community Customs Code, is not applicable to levies on C
sugar as in the present action, are Council Regulation (EEC)
No 1785/81 (2) of 30 June 1981 on the common organiza-

— by making the grant of a licence to a performing artists'
engagements agency, established in another Member
State, subject to the criterion of the benefit of the agen-
cy's activity in the light of the needs for engagement of
performers,

— by imposing the presumption of employment on a
performing artist who is
recognised as a service
provider and established in his Member State of origin
where he usually provides similar services,

the French Republic has failed to fulfil its obligations under
Articles 43 and 49 EC.