CELEX: C2006/326/94
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-464/06: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 20 November 2006 — Avena Nordic Grain Oy

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/46
            
         Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 20 November 2006 — Avena Nordic Grain Oy
   (Case C-464/06)
   (2006/C 326/94)
   Language of the case: Finnish
   Referring court
   Korkein hallinto-oikeus (Finland)
   Parties to the main proceedings
   
      Applicant: Avena Nordic Grain Oy
   
      Defendant: Finnish Ministry of Land and Agriculture
   Question(s) referred
   Is Article 5 of Commission Regulation (EC) No 800/1999, (1) in conjunction with the principles of proportionality and good administration, to be interpreted as meaning that the competent national authority may recognise an export declaration sent as a fax copy prior to the loading operation if it takes the view that there is not the least suspicion of fraud, the defect in the transmission of the export declaration was based on an error which was made in connection with advice given by the authority and the latter was able to establish that the signed original export declaration sent subsequently was identical in every way to the faxed copy?
   
      (1)  of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1999 L 102, p. 11).