CELEX: C2003/275/57
Language: en
Date: 2003-11-15 00:00:00
Title: Case C-409/03: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 15 July 2003 in the proceedings between SEPA Société d'Exportation de Produits Agricoles S.A. and Hauptzollamt Hamburg-Jonas

C 275/38                EN                        Official Journal of the European Union                                         15.11.2003
—    the possibility of giving notification of an order to leave                ple, the ordering of a specific inspection as to fitness
     the territory to citizens of the Union who have not                        for human consumption or a restriction to certain
     produced the documents necessary for the issue of a                        distribution channels?
     residence permit within the prescribed period.
                                                                          2.    Does the concept of ‘fair marketable quality’ in Article 13
     A Member State may refuse or terminate the right of                        of Commission Regulation (EEC) No 3665/87 of 27 Nov-
     residence of a citizen of the Union only if the conditions                 ember 1987 require that the product to be exported be
     of this right are not or are no longer fulfilled. By contrast,             of average quality, and does it therefore disqualify from
     the fact that the administrative procedures for the grant                  the grant of an export refund a product of inferior quality,
     of the residence permit evidencing the right have not                      which, however, usually appears under the description of
     been complied with may not lead to a penalty such as                       the object of trade given in the refund application? Is that
     refusal to grant the right of residence or removal from                    also the case where the inferior quality has in no way
     the territory, which would effectively deny the actual                     affected the completion of the commercial transaction?
     right of residence conferred and guaranteed by the Treaty.
     The notification of an order to leave the territory may be
     based not on exclusively administrative grounds, but on              (1) OJ L 351, p. 1.
     facts leading to the conclusion that the person concerned
     does not fulfil the conditions set for his right of residence
     by one of the relevant directives.
(1) OJ 1990 L 180, p. 26.
(2) OJ English Special Edition 1968 (II), p. 485.
(3) OJ 1973 L 172, p. 14.                                                 Action brought on 2 October 2003 by the Commission
(4) OJ 1993 L 317, p. 59.                                                         of the European Communities against Ireland
(5) OJ 1990 L 180, p. 28.
                                                                                                   (Case C-413/03)
                                                                                                   (2003/C 275/58)
                                                                          An action against Ireland was brought before the Court of
Reference for a preliminary ruling by the Bundesfinanzh-                  Justice of the European Communities on 2 October 2003 by
of by order of that Court of 15 July 2003 in the                          the Commission of the European Communities, represented
proceedings between SEPA Société d’Exportation de                         by Mr Xavier Lewis, acting as agent, with an address for service
Produits Agricoles S.A. and Hauptzollamt Hamburg-Jonas                    in Luxembourg.
                         (Case C-409/03)                                  The Applicant claims that the Court should:
                         (2003/C 275/57)                                  1)    declare that by failing to adopt the laws, regulations
                                                                                and administrative provisions necessary to comply with
                                                                                Directive 2001/18/EC of the European Parliament and of
                                                                                the Council of 12 March 2001 on the deliberate release
                                                                                into the environment of genetically modified organisms
Reference has been made to the Court of Justice of the
                                                                                and repealing Council Directive 90/220/EEC (1), or by
European Communities by order of the Bundesfinanzhof
                                                                                failing to notify such provisions to the Commission,
(Federal Finance Court) of 15 July 2003, received at the Court
                                                                                Ireland has failed to fulfil its obligations under Article 34
Registry on 1 October 2003, for a preliminary ruling in the
                                                                                of this Directive.
proceedings between SEPA Société d’Exportation de Produits
Agricoles S.A. and Hauptzollamt Hamburg-Jonas on the
following questions:                                                      2)    order Ireland to pay the costs.
1.   Does the concept of ‘fair marketable quality’ in Article 13
     of Commission Regulation (EEC) No 3665/87 (1) of                     Pleas in law and main arguments
     27 November 1987 laying down common detailed rules
     for the application of the system of export refunds on
     agricultural products require that the manufacture and               The period within which the directive had to be transposed
     distribution of the products in question be subject only             expired on 17 October 2002.
     to generally valid legal conditions as they apply to any
     product of that type, and does it consequently disqualify
     from the grant of an export refund a product to which                (1) OJ L 106, 17.4.2001, p. 1.
     special restrictions apply, in particular as regards its
     production, treatment or distribution, such as, for exam-