CELEX: C2005/143/38
Language: en
Date: 2005-06-11 00:00:00
Title: Case C-151/05: Reference for a preliminary ruling from the Bundesfinanzhof by order of that court of 13 January 2005 in F. Weissheimer Malzfabrik v Hauptzollamt Hamburg-Jonas

11.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/25
            
         Reference for a preliminary ruling from the Bundesfinanzhof by order of that court of 13 January 2005 in F. Weissheimer Malzfabrik v Hauptzollamt Hamburg-Jonas
   (Case C-151/05)
   (2005/C 143/38)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by order of the Bundesfinanzhof (Federal Finance Court) (Germany) of 13 January 2005, received at the Court Registry on 4 April 2005, for a preliminary ruling in the proceedings between F. Weissheimer Malzfabrik and Hauptzollamt Hamburg-Jonas on the following questions:
   
               1.
            
            
               Does Article 70 of Council Regulation (EEC) No 2913/92 (1) of 12 October 1992 establishing the Community Customs Code apply where it is necessary to establish whether a product in respect of which recovery of export duty is sought is of marketable quality?
            
         
               2.
            
            
               Is confirmation of sound and fair marketable quality within the meaning of the first sentence of Article 13 of Commission Regulation (EEC) No 3665/87 (2) of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, given in a national application for payment, information for the purposes of the second subparagraph of Article 11(1) of Regulation (EC) No 3665/97 in conjunction with Article 3 of Regulation (EC) No 3665/97?
            
         
      (1)  OJ L 302, p. 1
   
      (2)  OJ L 351, p. 1.