CELEX: C1996/294/10
Language: en
Date: 1996-10-05 00:00:00
Title: Reference for a preliminary ruling by the Tribunal Administratif, Paris, by order of that court of 12 June 1996 in the case of Société des Sucreries et Raffineries d'Erstein against Fonds d'Intervention et Régularisation du Marché du Sucre (Case C-269/96)

No C 294/6             EN                   Official Journal of the European Communities                                        5 . 10 . 96
Federatie van Nederlandse Kraanverhuurbedrijven,                       Administratif ( Administrative Court ), Paris, of 12 June
represented by M. van Empel, of the Amsterdam Bar, and T.              1996 , received at the Court Registry on 8 August 1996 , for a
Janssens, of the Brussels Bar, with an address for service in          preliminary ' ruling in the case of Société des Sucreries et
Luxembourg at the Chambers of Marc Loesch, 11 rue                      Raffineries d'Erstein against Fonds d'Intervention et
Goethe .                                                               Régularisation du Marché du Sucre , on the following
                                                                       questions :
The appellants claim that the Court should :
                                                                       — In an industrial site which processes sugar beet into
1 . Set aside the order of the president of the Court of First               white sugar, in which the first-stage installations take
     Instance in Case T- 18/96 R;                                            delivery of the sugar beet, process it and extract the
                                                                             sugar-bearing liquids and the second-stage installations
2 . Suspend payment by the               Stichting Certificatie              convert into white sugar the liquids and syrups in
     Kraanverhuurbedrijf ( SCK ) of the fine imposed on it by                question, which can be enriched by the addition of raw
     the Commission in the decision contested in the main                    cane sugar from the French Overseas Departments, can
     proceedings until the Court of First Instance has given                 the said second-stage installations, for the purposes of
     judgment in those proceedings , without requiring the                   the grant of refining aids for the refining of that sugar
     SCK to provide security in the form of a bank guarantee                  from the Overseas Departments, be regarded at all times
     or other security;                                                       as a 'production unit' and as a 'refinery' within the
                                                                             meaning of Regulations ( EEC ) No 1785/81 ('), Article 9
3 . Suspend payment by the Federatie Nederlandse                              and ( EEC ) No 2225/86 ( 2 )?
     Kranverhuurbedrijven ( FNK ) of the fine imposed on it
     by the Commission in the decision contested in the main           — If the answer is no, can such a complex of installations ,
     proceedings until the Court of First Instance has given                  intermittently and for non-continuous periods , be
     judgment in those proceedings, without requiring the                     regarded as a 'production unit' and as a ' refinery' within
     FNK to provide security in the form of a bank guarantee                  the meaning of those Regulations ?
     or other security;
                                                                       — If the answer to the preceding question is yes, must those
 4 . Order the Commission to grant to SCK and FNK access                      periods be limited to those in which the processing of
     to the files in Cases IV/34.179 , 34.202 , 216 , and to any              raw cane sugar into white sugar is carried out at a
     other files forming the basis for Decision 96/55 1 /EC,                  different time from the processing of syrups extracted
     including the Commission's internal documents relating                   from sugar beet in the first-stage installation on the same
     to consultation between DG III and DG IV concerning                      industrial site ?
     the Commission 's proceedings against FNK and SCK;
 5 . Order the Commission to pay the costs of these                    (') OJ No L 177, 1 . 7 . 1981 , p . 4 .
                                                                       ( 2 ) OJ No L 194, 17. 7. 1986, p . 7.
     proceedings, including the costs of the application for
      interim measures .
 In the alternative :
 6 . Set aside the order of the President of the Court of First
      Instance in Case T-18/96 R of 4 June 1996 and refer the
      case back to the Court of First Instance for another
                                                                       Reference for a preliminary ruling by the Tribunal
      ruling;                                                          Administratif, Paris, by order of that court of 12 June 1996
                                                                       in the case of SA Laboratoires Sarget against Fonds
 7. Order the Commission to pay the costs of the                             d'lntervention et Regularisation du Marche du Sucre
      proceedings, including the costs of the application for                                   ( Case C-270/96 )
      interim measures .
                                                                                                   ( 96/C 294/11 )
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by an order of the Tribunal
 Reference for a preliminary ruling by the Tribunal                     Administratif ( Administrative Court ), Paris, of 12 June
 Administratif, Paris, by order of that court of 12 June 1996           1996 , received at the Court Registry on 8 August 1996 , for a
 in the case of Societe des Sucreries et Raffineries d'Erstein          preliminary ruling in the case of SA Laboratoires Sarget
 against Fonds d'lntervention et Regularisation du Marche               against Fonds d'lntervention et Regularisation du Marche
                               du Sucre                                 du Sucre , on the following question :
                         ( Case C-269/96 )
                           ( 96/C 294/ 10 )                             In view of their composition, presentation and functions, do
                                                                        the products ' Sargenor', ' Sarvit', ' Lysivit' and ' Dynamisan '
  Reference has been made to the Court of Justice of the                 fall within the scope of Council Regulation ( EEC )
  European Communities by an order of the Tribunal                      No 1010/86 of 25 March 1986 (M on the classification of