CELEX: 62009CN0102
Language: en
Date: 2009-03-13 00:00:00
Title: Case C-102/09: Reference for a preliminary ruling from the Tribunale di Firenze, lodged on 13 March 2009 — Camar Srl v Presidente del Consiglio dei Ministri

6.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/7
            
         Reference for a preliminary ruling from the Tribunale di Firenze, lodged on 13 March 2009 — Camar Srl v Presidente del Consiglio dei Ministri
   (Case C-102/09)
   2009/C 129/12
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Firenze
   
      Parties to the main proceedings
   
   
      Claimant: Camar Srl
   
      Defendant: Presidente del Consiglio dei Ministri
   
      Questions referred
   
   
               1.
            
            
               Did Article 14 of the First Yaoundé Convention preclude the introduction by a Member State of an internal tax on bananas originating in Somalia, which was not in practice applied to domestically produced bananas (the production of which was totally non-existent or insignificant) and was not applicable to any other type of domestically produced fruit?
               In the event of an affirmative answer to the foregoing question:
            
         
               2.
            
            
               Did the Protocol on Bananas annexed to the Lomé Convention then in force preclude collection of a tax that was incompatible with Article 14 of the First Yaoundé Convention in respect of imports into Italy of Somali bananas effected in 1990, having regard to the combined provisions of that protocol and of the like protocols annexed to the earlier Lomé Conventions, and also Article 5 of the Second Yaoundé Convention?
               In the event of a negative answer:
            
         
               3.
            
            
               Must it be concluded that the Protocols on Bananas annexed to the Lomé Conventions precluded increases of a tax such as the Italian consumption tax on bananas originating in Somalia after 1 April 1976 regardless of the specific effect of such increases on the export of such bananas?