CELEX: C2001/303/18
Language: en
Date: 2001-10-27 00:00:00
Title: Case C-325/01: Action brought on 29 August 2001 by the Kingdom of the Netherlands against the Commission of the European Communities

27.10.2001            EN                    Official Journal of the European Communities                                        C 303/11
Action brought on 29 August 2001 by the Kingdom of                     1.   In circumstances where:
the Netherlands against the Commission of the European
                          Communities
                                                                            (a)   a trader has exported a quantity of C sugar which
                                                                                  exceeds the amount for which export was authorised
                        (Case C-325/01)                                           by the licence concerned; and/or
                        (2001/C 303/18)
                                                                            (b) a trader has exported C sugar after the expiry of the
                                                                                  validity of the licence authorising the said export;
An action against the Commission of the European Communi-                         and
ties was brought before the Court of Justice of the European
Communities on 29 August 2001 by the Kingdom of the
Netherlands, represented by H.G. Sevenster, Head of the                     (c)   even if, as a matter of fact, the relevant C sugar left
European Law Section in the Ministry of Foreign Affairs.                          the Customs territory of the Community;
The applicant claims that the Court should:                                 has the proof required by the first indent of Article 2(2)
                                                                            of Regulation 2670/81 (1) been furnished in relation to
1.    Annul Commission Regulation (EC) No 1325/2001 (1) of                  that export, or that element of the relevant export, which
      29 June 2001 providing for the continued application of               was not covered by a valid licence?
      safeguard measures with regard to imports of sugar
      sector products with EC/OCT originating status from the          2.   In the circumstances described in paragraph 1(a) above is
      overseas countries and territories for the period 1 July to           the answer to the above question different in circum-
      1 December 2001;                                                      stances where:
2.    Order the Commission to pay the costs of the proceed-
      ings.                                                                 (a)   the trader presented to the customs authority a
                                                                                  customs declaration form (C88) amended in manu-
                                                                                  script to reflect the amount actually exported; and
Pleas in law and main arguments
                                                                            (b) the customs authority has endorsed the relevant
                                                                                  licence extract against the trader’s entry in the actual
The Netherlands refer to the application submitted in Case                        amount exported?
C-452/00 (2).
                                                                       3.   Is the answer to question 1 above different on the
(1) OJ L 177 of 30.6.2001, p. 57.                                           assumption that the circumstances were as follows:
(2) OJ C 45 of 10.2.2001, p. 12.
                                                                            (a)   the trader intended to apply for an extract for
                                                                                  2 900 tonnes;
                                                                            (b) owing to an error on the part of the trader, a licence
                                                                                  extract was issued for 2,9 tonnes and this 2,9 tonnes
Reference for a preliminary ruling by the High Court                              was recorded in the records of both the Intervention
of Justice (England & Wales), Queen’s Bench Division,                             Board and the trader;
Administrative Court, by order of that court of 20 July
2001, in the case of the Queen on the application of British
Sugar plc against Intervention Board for Agricultural                       (c)   the licence extract was attributed, with the authority
                             Produce                                              of the trader, by the trader’s agent, accurately to
                                                                                  record the trader’s intention of exporting
                        (Case C-329/01)                                           2 900 tonnes;
                        (2001/C 303/19)                                     (d) that licence extract was subsequently endorsed by
                                                                                  H.M. Customs & Excise to certify the export of
Reference has been made to the Court of Justice of the                            2 900 tonnes of sugar;
European Communities by an order of the High Court of
Justice (England & Wales), Queen’s Bench Division, Adminis-                 (e)   the sugar was subject to a Form C88 export licence
trative Court, of 20 July 2001, which was received at the Court                   for 2 900 tonnes, which was subsequently attributed
Registry on 4 September 2001, for a preliminary ruling in the                     and endorsed by H.M. Customs & Excise;
case of the Queen on the application of British Sugar plc
against Intervention Board for Agricultural Produce, on the
following questions:                                                        (f)   2 900 tonnes of sugar were in fact exported;