CELEX: C1995/189/01
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 4 May 1995 in Case C-19/94 (reference for a preliminary ruling from the Cour Administrative d'Appel, Nantes): SA des Sucreries de Fontaine-le-Dun-Bolbec-Auffay (SAFBA) v. Ministre du Budget (Common organization of the markets in the sugar sector - System for offsetting storage costs - Chargeable event for storage levy)

22 . 7 . 95            EN                  Official Journal of the European Communities                                No C 189/1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  organization of the markets in the sugar sector, as amended
                        (Fourth Chamber)                              by Council Regulation (EEC) No 1396/78 of 20 June 1978,
                                                                      Article 8 (2), third subparagraph (a), of Council Regulation
                          of 4 May 1995                               (EEC) No 1785/81 of 30 June 1981 on the common
in Case C-19/94 ( reference for a preliminary ruling from the         organization of the markets in the sugar sector and
Cour Administrative d'Appel, Nantes ): SA des Sucreries de            Article 6 (4) of Council Regulation (EEC) No 1358/77 of
Fontaine-le-Dun-Bolbec-Auffay (SAFBA ) v. Ministre du                 20 June 1977 laying down general rules for offsetting
                              Budget O                                storage costs for sugar and repealing Regulation (EEC)
(Common organization ofthe markets in the sugar sector —              No 750/68 must be interpreted as meaning that the
System for offsetting storage costs — Chargeable event for            prescribed conditions for materialization of the obligation
                             storage levy)                            to pay the storage levy are satisfied when the sugar is
                                                                      disposed of
                           ( 95/C 189/01 )
                                                                      (!)  OJ No  C 59 , 26 . 2 . 1994 .
                 (Language of the case: French)                       (2)  OJ No  L 177, 1 . 7 . 1981 , p . 4 .
                                                                      (3 ) OJ No  L 156 , 25 . 6 . 1977, p . 4 .
                                                                      (4 ) OJ No  L 231 , 23 . 8 . 1978 , p. 5 .
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-19/94 : reference to the Court under Article 177 of
the EC Treaty from the Cour Administrative d'Appel
( Administrative Court of Appeal ), Nantes, for a preliminary                        JUDGMENT OF THE COURT
ruling in the proceedings pending before that court between                                      of 18 May 1995
SA des Sucreries de Fontaine-le-Dun-Bolbec-Auffay
( SAFBA) and the Ministre du Budget, on the interpretation                   in Case C-57/94: Commission of the European
of Article 8 ( 2 ) of Council Regulation ( EEC ) No 1785/81 of                     Communities v. Italian Republic ( a )
30 June 1981 on the common organization ofthe markets in              (Action for failure to fulfil obligations — Public works
the sugar sector (2 ), Council Regulation (EEC ) No 1358/77           contracts — Failure to publish a notice of invitation to
of 20 June 1977 laying down general rules for offsetting                                                tender)
storage costs for sugar and repealing Regulation ( EEC )                                           ( 95/C 189/02 )
No 750/68 ( 3 ), and Article 12 of Commission Regulation
( EEC ) No 1998/78 of 18 August 1978 laying down detailed
rules for the offsetting of storage costs for sugar ( 4), the                         (Language of the case: ltalian)
Court ( Fourth Chamber), composed of: P. J. G. Kapteyn,
President ofthe Chamber, C. N. Kakouris ( Rapporteur ) and            (Provisional translation; the definitive translation will be
J. L. Murray, Judges; M. B. Elmer, Advocate-General; D.                         published in the European Court Reports)
Louterman-Hubeau, Principal Administrator, for the
Registrar, gave a judgment on 4 May 1995 , the operative
part of which is as follows :                                         In Case C-57/94 : Commission of the European
                                                                      Communities (Agent: Antonio Aresu) against the Italian
                                                                      Republic (Agent: Professor Umberto Leanza, assisted by
Article 8 (1 ), third subparagraph (a), of Council Regulation         Pier Giorgio Ferri, Avvocato dello Stato ) — application for a
(EEC) No 3330/74 of 19 December 1974 on the common                    declaration that, in so far as the provincial administration of