Judgment of the Court (Grand Chamber) of  8 November 2005  in Case C-293/02: Reference for a preliminary ruling from the Royal Court of Jersey Jersey Produce Marketing Organisation Ltd v States of Jersey and Others (Legislation on the export of potatoes from Jersey to the United Kingdom — 1972 Act of Accession — Protocol No 3 on the Channel Islands and the Isle of Man — Regulation No 706/73 — Articles 23 EC, 25 EC and 29 EC — Charges having an effect equivalent to customs duties — Measures having an effect equivalent to quantitative restrictions)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: Channel Islands, United Kingdom, export policy, export tax, interpretation of the law, potato, quantitative restriction

14.1.2006

EN

Official Journal of the European Union

C 10/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

are to be interpreted as precluding legislation such as that at issue
in the main proceedings which:

(Grand Chamber)

of 8 November 2005

in Case C-293/02: Reference for a preliminary ruling from
the Royal Court of Jersey Jersey Produce Marketing Orga-
nisation Ltd v States of Jersey and Others (1)

(Legislation on the export of potatoes from Jersey to the
United Kingdom — 1972 Act of Accession — Protocol No 3
on the Channel Islands and the Isle of Man — Regulation
No 706/73 — Articles 23 EC, 25 EC and 29 EC — Charges
having an effect equivalent to customs duties — Measures
having an effect equivalent to quantitative restrictions)

(2006/C 10/01)

(Language of the case: English)

In Case C-293/02: Reference for a preliminary ruling under
Article 234 EC from the Royal Court of
Jersey (Channel
Islands), made by decision of 5 August 2002, received at the
Court on 13 August 2002, in the proceedings between Jersey
Produce Marketing Organisation Ltd and States of Jersey, Jersey
Potato Export Marketing Board, and Top Produce Ltd, Fairview
Farm Ltd,
(Grand Chamber),
composed of V. Skouris, President, C.W.A. Timmermans, A.
Rosas, J. Malenovský, Presidents of Chambers, J.-P. Puissochet,
R. Schintgen, N. Colneric (Rapporteur), S. von Bahr, G. Arestis,
A. Borg Barthet, M. Ilešič, J. Klučka and U. Lõhmus, Judges; P.
Léger, Advocate General; M.-F. Contet, Principal Administrator,
for the Registrar, gave a judgment on 8 November 2005, the
operative part of which is as follows:

interveners — the Court

1. The combined provisions of Article 29 EC and Article 1 of
Protocol No 3 on the Channel Islands and the Isle of Man
annexed to the Act concerning the Conditions of Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland and the Adjustments to the Treaties

Jersey producers

from offering for

— on the one hand, prohibits, with penalties imposed for non-
compliance,
export or
exporting their potatoes to the United Kingdom market unless
they are registered with a body such as the Jersey Potato
Export Marketing Board and have entered into a marketing
agreement with it for the purpose of determining, in particular,
the areas which may be planted with crops for export as well
as the identity of those authorised to acquire those crops, and,

— on the other hand, prohibits, also with penalties imposed for
non-compliance, all marketing organisations from effecting
such exports unless they are party to a management agreement
with that same body for the purpose of determining, in par-
ticular, the identity of the sellers from whom it is permissible
for them to obtain their supplies.

2. The combined provisions of Articles 23 EC and 25 EC and
Article 1 of Protocol No 3 are to be interpreted as precluding
legislation such as that at issue in the main proceedings which
confers on a body such as the Jersey Potato Export Marketing
Board the power to impose on Jersey potato producers a contribu-
tion, the amount of which is fixed by reference to the quantities of
potatoes produced by the parties concerned and exported to the
United Kingdom.

3. Community law precludes a contribution levied under the same
conditions, the amount of which, however, is fixed by such a body
by reference to the agricultural area used by the parties concerned
for growing potatoes, to the extent to which the income therefrom
serves to finance activities undertaken by that body contrary to
Article 29 EC.

(1) OJ C 247, 12.10.2002.