Case C-146/11: Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Riigikohus — Estonia) — AS Pimix, in liquidation v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus, Põllumajandusministeerium (Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the OJ in the language of the Member State in question)
Date: 2012-07-12
Institutions: Court of Justice
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, agricultural product, agricultural surplus, interpretation of the law








C_2012287EN.01001201.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/12





Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Riigikohus — Estonia) — AS Pimix, in liquidation v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus, Põllumajandusministeerium
(Case C-146/11) (1)

(Accession of new Member States - Setting the charge on surplus stocks of agricultural products - Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question)
2012/C 287/19
Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings


Applicant: AS Pimix, in liquidation

Defendants: Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus, Põllumajandusministeerium

Re:

Reference for a preliminary ruling — Riigikohus — Interpretation of Articles 288(2) TFEU, 297(1) TFEU, Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L 293, p. 3) and the judgments of the Court of Justice in Cases C-161/06, C-560/07 and C-140/08 — Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question on the date prescribed for determination of the surplus stock — Whether regulation implemented within the meaning of the Court’s case-law

Operative part of the judgment

Article 58 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded must be interpreted as precluding, in Estonia, the application to individuals of provisions of Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, which, as at 1 May 2004, had neither been published in Estonian in the Official Journal of the European Union nor reproduced in the national law of that Member State, even though those individuals could have learned of those provisions by other means.


(1)  OJ C 160, 25.5.2011.