CELEX: 62009CA0102
Language: en
Date: 2010-04-29 00:00:00
Title: Case C-102/09: Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Camar Srl v Presidenza del Consiglio dei Ministri (International agreements — Yaoundé Convention — Fourth ACP-EEC Lomé Convention — Standstill clause — Internal taxation — Bananas)

19.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/12
            
         
      Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Camar Srl v Presidenza del Consiglio dei Ministri
      (Case C-102/09) (1)
      
      (International agreements - Yaoundé Convention - Fourth ACP-EEC Lomé Convention - Standstill clause - Internal taxation - Bananas)
      (2010/C 161/16)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Firenze
      
         Parties to the main proceedings
      
      
         Applicant: Camar Srl
      
         Defendant: Presidenza del Consiglio dei Ministri
      
         Re:
      
      Reference for a preliminary ruling — Tribunale di Firenze — Common organisation of the markets — Bananas — Compatibility with Article 14 of the First Yaoundé Convention and with the import system governed by the ACP-EEC Lomé Convention of a national law imposing a consumption tax on bananas originating in Somalia
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 14 of the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community, signed at Yaoundé on 20 July 1963, did not preclude a tax on bananas originating in Somalia such as that introduced by Law No 986/1964 of 9 October 1964.
               
            
                  2.
               
               
                  The national court is not required to examine the specific effects of increases of a tax on imports of bananas originating in Somalia, such as the tax introduced by the legislation at issue in the main proceedings, by comparison with the situation before 1 April 1976, in order to determine whether such increases are compatible with the standstill clause in Article 1 of Protocol No 5 on bananas annexed to the Fourth Lomé Convention. However, increases of such a tax which simply adjust it to take account of inflation are not incompatible with that clause.
               
            
         (1)  OJ C 129, 6.6.2009.