CELEX: C2000/372/01
Language: en
Date: 2000-12-23 00:00:00
Title: Judgment of the Court (First Chamber) of 17 October 2000 in Case C-114/99 (reference for a preliminary ruling from the Cour Administrative d'Appel de Nancy): Roquette Frères SA v Office national interprofessionnel des céréales (ONIC) (Agriculture — Common organisation of the markets — Export refunds — Cereals — Conditions for payment — Processing as a product likely to be re-imported into the Community)

23.12.2000              EN                      Official Journal of the European Communities                                              C 372/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Article 5(1) of Commission Regulation (EEC) No 3665/87 of
                                                                             27 November 1987 laying down common detailed rules for the
                                                                             application of the system of export refunds on agricultural products
                          (First Chamber)                                    is to be interpreted as meaning that payment of an export refund
                                                                             cannot be made conditional on production of additional evidence of
                       of 17 October 2000                                    such a kind as to show that a product which, in the non-member
                                                                             country of import, has undergone processing regarded as substantial
                                                                             in that it has been used in an irreversible manner in the manufacture
in Case C-114/99 (reference for a preliminary ruling from                    of another product, which is itself likely to be re-exported into the
the Cour Administrative d’Appel de Nancy): Roquette                          Community, has actually been placed on the market in that country
Frères SA v Office national interprofessionnel des céréales                  in the unaltered state.
                              (ONIC) (1)
                                                                             (1) OJ C 188 of 3.7.1999.
(Agriculture — Common organisation of the markets —
Export refunds — Cereals — Conditions for payment —
Processing as a product likely to be re-imported into the
                            Community)
                          (2000/C 372/01)                                                      JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                    (Language of the case: French)
                                                                                                     of 19 October 2000
(Provisional translation; the definitive translation will be published       in Joined Cases C-15/98 and C-105/99: Italian Republic
                   in the European Court Reports)                            and Sardegna Lines — Servizi Marittimi della Sardegna
                                                                                 SpA v Commission of the European Communities (1)
In Case C-114/99: reference to the Court under Article 177 of                (State aid — Aid from the Region of Sardinia to shipping
the EC Treaty (now Article 234 EC) from the Cour Administra-                 companies in Sardinia — Adverse effect on competition and
tive d’Appel de Nancy (Administrative Court of Appeal,                           trade between Member States — Statement of reasons)
Nancy), France, for a preliminary ruling in the proceedings
pending before that court between Roquette Frères SA and
                                                                                                        (2000/C 372/02)
Office national interprofessionnel des céréales (ONIC) — on
the interpretation of Article 5(1) of Commission Regulation
(EEC) No 3665/87 of 27 November 1987 laying down                                                  (Language of the case: Italian)
common detailed rules for the application of the system of
export refunds on agricultural products (OJ 1987 L 351, p. 1)
— the Court (First Chamber), composed of: M. Wathelet,                       (Provisional translation; the definitive translation will be published
President of the Chamber, P. Jann and L. Sevón (Rapporteur),                                    in the European Court Reports)
Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 7 October 2000, in                In Joined Cases C-15/98 and C-105/99: Italian Republic
which it has ruled:                                                          (Agents: Professor U. Leanza, and P.G. Ferri) (C-15/98) and