CELEX: 62015CB0152
Language: en
Date: 2015-10-23 00:00:00
Title: Case C-152/15: Order of the Court (Tenth Chamber) of 23 October 2015 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Cruz & Companhia Lda v Instituto de Financiamento da Agricultura e Pescas IP (IFAP), Caixa Central — Caixa Central de Crédito Agrícola Mútuo CRL (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agriculture — Common organisation of the markets — Regulation (EEC) No 3665/87 — Articles 4(1) and 13 — Regulation (EEC) No 2220/85 — Article 19(1)(a) — Conditions for the release of the guarantee provided to ensure the repayment of the advance — Conditions for the grant of the refund — Sound and fair marketable quality of the products exported — Taking into account, for the grant of the refund, the facts established by the competent authority following an inspection which took place after the actual export and customs clearance of the products — Interpretation of the judgment in Cruz & Companhia (C-128/13, EU:C:2014:2432))

1.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/19
            
         Order of the Court (Tenth Chamber) of 23 October 2015 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Cruz & Companhia Lda v Instituto de Financiamento da Agricultura e Pescas IP (IFAP), Caixa Central — Caixa Central de Crédito Agrícola Mútuo CRL
   (Case C-152/15) (1)
   
   ((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Agriculture - Common organisation of the markets - Regulation (EEC) No 3665/87 - Articles 4(1) and 13 - Regulation (EEC) No 2220/85 - Article 19(1)(a) - Conditions for the release of the guarantee provided to ensure the repayment of the advance - Conditions for the grant of the refund - Sound and fair marketable quality of the products exported - Taking into account, for the grant of the refund, the facts established by the competent authority following an inspection which took place after the actual export and customs clearance of the products - Interpretation of the judgment in Cruz & Companhia (C-128/13, EU:C:2014:2432)))
   (2016/C 038/28)
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal da Relação de Lisboa
   
      Parties to the main proceedings
   
   
      Applicant: Cruz & Companhia Lda
   
      Defendants: Instituto de Financiamento da Agricultura e Pescas IP (IFAP), Caixa Central — Caixa Central de Crédito Agrícola Mútuo CRL
   
      Operative part of the order
   
   Article 19(1)(a) of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products, as amended by Commission Regulation (EC) No 3403/93 of 10 December 1993, must be interpreted as meaning that the guarantee furnished by an exporter to ensure the repayment of the advance received by way of export refund may be implemented where, following an inspection carried out after the actual export and customs clearance of the products in question, it is established that one of the other conditions for the grant of that refund, in particular the condition of sound and fair marketable quality of the products exported, provided for in Article 13 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 1829/94 of 26 July 1994, is not satisfied.
   
      (1)  OJ C 205, 22.6.2015.