Case C-390/11: Judgment of the Court (Fourth Chamber) of 4 October 2012 (reference for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — CS AGRO Ronov s.r.o. v Ministerstvo zemědělství (Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: agricultural production, aid for restructuring, aid to agriculture, fund (EU), marketing year, sugar beet








C_2012366EN.01001401.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/14





Judgment of the Court (Fourth Chamber) of 4 October 2012 (reference for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — CS AGRO Ronov s.r.o. v Ministerstvo zemědělství
(Case C-390/11) (1)

(Agriculture - Sugar sector - Common organisation of the markets - Application for restructuring aid - Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet - Definition - Unilateral declaration of the producer - Refusal to grant aid - Need to terminate the existing delivery contract)
2012/C 366/22
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: CS AGRO Ronov s.r.o.

Defendant: Ministerstvo zemědělství

Re:

Reference for a preliminary ruling — Nejvyšší správní soud — Interpretation of Article 4a of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ 2006 L 58, p. 42), as amended by Council Regulation (EC) No 1261/2007 of 9 October 2007 amending Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (OJ 2007 L 283, p. 8) — Common organisation of the markets in the sugar sector — Meaning of ‘undertaking’ having to accompany an application for restructuring aid, whereby a sugar beet producer enters into an obligation to cease delivery of a certain quantity of quota sugar beet to the undertakings with which it concluded a supply contract during the previous marketing year — Refusal to grant restructuring aid on the ground that that undertaking should take the form of termination of the existing supply contract rather than a unilateral declaration by the producer

Operative part of the judgment







1.


Article 4a(1) of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy, as amended by Council Regulation (EC) No 1261/2007 of 9 October 2007, must be interpreted as meaning that the undertaking to cease delivery of a certain quantity of sugar beet during the marketing year 2008/2009 may take the form of a unilateral declaration by the producer.










2.


Article 4a(1) of Regulation No 320/2006, as amended by Regulation No 1261/2007, must be interpreted as meaning that the unilateral undertaking of the producer to cease delivery of a certain quantity of sugar beet during the marketing year 2008/2009 does not as such entail the inapplicability of its contractual obligations towards the sugar company.






(1)  OJ C 311, 22.10.2011.