CELEX: 62007CO0175
Language: en
Date: 2008-10-06 00:00:00
Title: Order of the Court (Sixth Chamber) of 6 October 2008.#SA des sucreries de Fontaine-le-Dun-Bolbec-Auffay (SAFBA) and Others v Directeur général des douanes et droits indirects and Receveur principal des douanes et droits indirects de Gennevilliers.#Reference for a preliminary ruling: Tribunal de grande instance de Nanterre - France.#Article 104(3) of the Rules of Procedure - Sugar - Production levies - Detailed rules for the application of the quota system - Taking into account of the quantities of sugar contained in processed products - Determination of the exportable surplus - Determination of the average loss.#Joined cases C-175/07 to C-184/07.

Order of the Court (Sixth Chamber) of 6 October 2008 – SAFBA and Others v Directeur général des douanes et droits indirects
            et Receveur principal des douanes et droits indirects de Gennevilliers
      (Joined Cases C‑175/07 to C-184/07)
      Article 104(3) of the Rules of Procedure – Sugar – Production levies – Detailed rules for the application of the quota system – Taking into account of the quantities of sugar contained in processed products – Determination of the exportable surplus – Determination of the average loss
      Agriculture – Common organisation of the markets – Sugar – Production levies (Council Regulation No 1260/2001, Art. 15(1)(b), (c) and (d); Commission Regulations No 314/2002, as amended
         by Commission Regulation No 38/2004, Art. 6(4) and (5), and No 1686/2005) (see paras 20-24, 26-29, operative part 1-2)
      
      Re: 
      
         
               Reference for a preliminary ruling – Tribunal de grande instance de Nanterre – Validity, having regard to Article 15 of Council
                  Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (OJ 2001 L 178,
                  p. 1), and the principles of proportionality and non-discrimination, of Commission Regulation (EC) No 314/2002 of 20 February
                  2002 laying down detailed rules for the application of the quota system in the sugar sector (OJ 2002 L 50, p. 40) – Validity,
                  having regard to Regulations (EC) No 1260/2001 and 314/2002, of Commission Regulation (EC) No 1686/2005 of 14 October 2005
                  setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year
                  (OJ 2005 L 271, p. 12) – Production levies including quantities of sugar contained in processed products, exported without
                  benefit of export refunds.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	Examination of Article 6(4) of Commission Regulation (EC) No 314/2002 of 20 February 2002 laying down detailed rules for the
                     application of the quota system in the sugar sector, as amended by Commission Regulation (EC) No 38/2004 of 9 January 2004,
                     in so far as that provision does not, with regard to calculation of the production levy, provide for exclusion from the exportable
                     surplus of the quantities of sugar contained in exported processed products for which no export refund has been granted has
                     not shown that there are factors liable to affect its validity.
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional
                     levy in the sugar sector for the 2004/05 marketing year is invalid.