CELEX: C1995/189/23
Language: en
Date: 1995-07-22 00:00:00
Title: Reference for a preliminary ruling by judgment of the Supremo Tribunal Administrativo of 25 January 1995 in the case of Fábrica de Queijo ERU Portuguesa, Lda against the Alfândega de Lisboa (Case C-164/95)

No C 189/ 12            I EN                  Official Journal of the European Communities                                     22 . 7 . 95
Reference for a preliminary ruling by judgment of the                     Justice, Queen's Bench Division, of 26 April 1995 , which
Supremo Tribunal Administrative of 25 January 1995 in                     was received at the Court Registry on 30 May 1995 , for a
the case of Fâbrica de Queijo ERU Portuguesa, Lda against                 preliminary ruling in the case of The Queen against the
                        the Alfândega de Lisboa                           Ministry of Agriculture Fisheries and Food, ex parte: B. L.
                            ( Case C-164/95 )                             Lay and The Queen against the Ministry of Agriculture
                                                                          Fisheries and Food, ex parte: D. G. Gage and D. J. Gage, on
                               ( 95/C 189/23 )                            the following questions :
Reference has been made to the Court of Justice of the
European Communities by order of the Supremo Tribunal                     1 . In determining a part transferee's entitlement to a
Administrative ( Supreme Administrative Court) of                              reference quantity under Articles 1 (2 ) and 2 of Council
25 January 1995 , which was received at the Court Registry                     Regulation ( EEC ) No 2055/93 of 19 July 1993
on 29 May 1995 , for a preliminary ruling in the case of                       allocating a special reference quantity to certain
Fâbrica de Queijo ERU Portuguesa, Lda against Alfândega                        producers of milk and milk products i 1 ) must a Member
de Lisboa ( Lisbon Customs Administration ) on the                             State having regard to Regulation ( EEC ) No 2055/93
following questions :                                                          and the general principles of Community law on
                                                                               legitimate expectation, proportionality and the respect
 1 . Having regard to Commission Regulation ( EEC )                            for property apportion the reference quantity between
       No 316/91 of 7 February 1991 (*) should the said                        transferor and - part transferee by ascertaining what
       cheese ( 2 ) be classified under tariff heading 0406 20 90 ,            proportion of the holding was used for milk production
       as 'grated or powdered cheese, of all kinds', or under                  at the time the transferor entered into the non-marketing
       tariff heading 0406 90 11 as 'other cheese , for                        undertaking and then apportioning the reference
       processing'?                                                            quantity between the transferor and transferee in
                                                                               proportion to the percentage of land used for milk
2 . Is the said Regulation interpretative and therefore                        production transferred to the part transferee ?
       applicable retroactively to the import of the said
       cheese ?
                                                                          2 . If the answer to question 1 is in the negàtive, are
                                                                               Articles 1 (2 ) and 2 of Regulation ( EEC ) No 2055/93
3 . In the event of either of the foregoing questions being                    invalid as contravening the general principles of
       answered in the negative, is account to be taken in this                Community law in particular those as to legitimate
       case of the Explanatory Notes to the combined                           expectation, proportionality and the respect for
       nomenclature of the European Communities in the                         property ?
       version referred to in Official Journal of the European
       Communities No C 263 of 18 October 1990, page 110,
       or of the previous Explanatory Notes ?                             3 . If the answer to questions 1 and 2 are in the negative, in
                                                                               determining a part transferee's entitlement to a reference
4 . In either case, under which of the two tariff headings                     quantity under Articles 1 ( 2 ) and 2 of Regulation ( EEC )
       mentioned above is the said cheese to be classified ?                   No 2055/93 is a Member State entitled to apportion the
                                                                               reference quantity between transferor and part
0 ) OJ No L 37, 9 . 2 . 1991 , p . 25 .
                                                                               transferee in proportion to that part of the transferor's
( 2 ) Cheese coming from a Community country, described by the                 holding transferred to the transferee ?
      exporter as grated cheese, which had been ground and subjected
      to an industrial process in which oxygen was replaced by an
                                                                          (!) OJ No L 187, 29 . 7. 1993 , p . 8 .
      injected nitrogen/002 solution, in order to enhance its
      preservation, and then packaged and compacted in plastic bags,
      each containing about 15 kgs , with a high moisture content,
      having the appearance of a compact mass or paste, which, after
      unpacking and exposure to the atmosphere breaks down into
      irregular granules.
                                                                         Reference for a preliminary ruling by the Tribunal
                                                                         Administratif, Amiens (Third Chamber), by judgment
                                                                         of that court of 22 May 1995 in the case of Société
Reference for a preliminary ruling by the High Court of                  Sucrière Agricole de Maizy and Société Sucrière de
Justice, Queen's Bench Division, by order of that court of                    Berneuil-sur-Aisne v. Directeur Régional des Impôts
26 April 1995 , in the case of The Queen against the Ministry
of Agriculture Fisheries and Food, ex parte: B. L. Lay and                                        (Case C-172/95 )
The Queen against the Ministry of Agriculture Fisheries and                                        ( 95/C 189/25 )
           Food, ex parte: D. G. Gage and D. J. Gage
                             Case C-165/95 )
                                                                         Reference has been made to the Court of Justice of the
                              ( 95/C 189/24 )                            European Communities by judgment of the Tribunal
                                                                         Administratif (Administrative Court), Amiens (Third
Reference has been made to the Court of Justice of the                   Chamber), of 22 May 1995 , which was received at the
European Communities by an order of the High Court of                    Court Registry on 6 June 1 995 .