Judgment of the Court (First Chamber) of 26 May 2005 in Case C-409/03: Reference for a preliminary ruling from the Bundesfinanzhof in Société d'exportation de produits agricoles SA (SEPA) v Hauptzollamt Hamburg-Jonas (Export refunds — Beef — Special emergency slaughtering — Regulation (EEC) No 3665/87 — Article 13 — Sound and fair marketable quality — Marketability in normal conditions)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: agricultural product, export refund, interpretation of the law

C 182/10

EN

Official Journal of the European Union

23.7.2005

italico’

6. The right to property does not preclude the prohibition on use by
the operators
region of Friuli-
concerned in the autonomous
Venezia Giulia (Italy) of the word ‘Tocai’ in the term ‘Tocai friu-
for the description and presentation of
lano’ or ‘Tocai
certain Italian quality wines produced in specified regions at the
end of a transitional period expiring on 31 March 2007,
resulting from the exchange of letters concerning Article 4 of the
Agreement between the European Community and the Republic of
Hungary on the reciprocal protection and control of wine names
annexed to that agreement but not referred to in the latter.

(1) OJ C 264 of 1.11.2003.

gency slaughtering, cannot be regarded as being of ‘sound and fair
marketable quality’, as required for the grant of export refunds.

(1) OJ C 275 of 15.11.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 12 May 2005

JUDGMENT OF THE COURT

in Case C-415/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(First Chamber)

of 26 May 2005

(State aid — Obligation to recover — Absolute impossibility
of implementation — Absence)

in Case C-409/03: Reference for a preliminary ruling from
the Bundesfinanzhof in Société d'exportation de produits
agricoles SA (SEPA) v Hauptzollamt Hamburg-Jonas (1)

(Export refunds — Beef — Special emergency slaughtering
— Regulation (EEC) No 3665/87 — Article 13 — Sound
and fair marketable quality — Marketability in normal
conditions)

(2005/C 182/18)

(Language of the case: German)

In Case C-409/03: reference for a preliminary ruling under
Article 234 EC from the Bundesfinanzhof (Germany), made by
decision of 15 July 2003, received at the Court on 1 October
2003,
in the proceedings between Société d'exportation de
produits agricoles SA (SEPA) and Hauptzollamt Hamburg-Jonas
— the Court (First Chamber), composed of P. Jann, President of
the Chamber, K. Lenaerts, N. Colneric, K. Schiemann and E.
Juhász (Rapporteur), Judges; P. Léger, Advocate General; M.-F.
Contet, Principal Administrator, for the Registrar, gave a judg-
ment on 26 May 2005, in which it ruled:

Article 13 of Commission Regulation (EEC) No 3665/87 of 27
November 1987 laying down common detailed rules for the applica-
tion of the system of export refunds on agricultural products must be
interpreted as meaning that meat fulfilling the hygiene criteria, the
marketing of which for human consumption within the European
Community is restricted by Community rules to the local market
because it comes from animals which have undergone special emer-

(2005/C 182/19)

(Language of the case: Greek)

(Agents: A.

Samoni-Rantou,

In Case C-415/03 Commission of the European Communities
(Agents: D. Triantafyllou and J. Buendía Sierra) v Hellenic
Republic
P. Mylonopoulos,
F. Spathopoulos and P. Anestis) — action under Article 88(2)
EC for failure to fulfil obligations, brought on 25 September
2003 — the Court (Second Chamber), composed of C.W.A.
Timmermans, President of the Chamber, R. Silva de Lapuerta
(Rapporteur), R. Schintgen, G. Arestis and J. Klučka, Judges;
L.A. Geelhoed, Advocate General; M. Ferreira, Principal Admin-
istrator, for the Registrar, gave a judgment on 12 May 2005, in
which it:

1. Declares that, by failing to take within the prescribed period all
the measures necessary for repayment of
the aid found to be
unlawful and incompatible with the common market — except
that relating to the contributions to the national social security
institution —, in accordance with Article 3 of Commission Deci-
sion 2003/372/EC of 11 December 2002 on aid granted by
Greece to Olympic Airways, the Hellenic Republic has failed to
fulfil its obligations under that article;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 289 of 29.11.2003.