CELEX: C2005/093/37
Language: en
Date: 2005-04-16 00:00:00
Title: Case C-94/05: Reference for a preliminary ruling from the Bundesverwaltungsgericht by judgment of that court of 9 December 2004 in Emsland-Stärke GmbH v Bezirksregierung Weser-Ems

16.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/20
            
         Reference for a preliminary ruling from the Bundesverwaltungsgericht by judgment of that court of 9 December 2004 in Emsland-Stärke GmbH v Bezirksregierung Weser-Ems
   (Case C-94/05)
   (2005/C 93/37)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by judgment of the Bundesverwaltungsgericht (Federal Administrative Court) (Germany) of 9 December 2004, received at the Court Registry on 22 February 2005, for a preliminary ruling in the proceedings between Emsland-Stärke GmbH and Bezirksregierung Weser-Ems on the following questions
   
               1.
            
            
               
                           (a)
                        
                        
                           Does Article 13(4) in conjunction with Article 4(5) of Regulation (EC) No 97/95 as amended by Regulation (EC) No 1125/96 apply where a contract said to be a cultivation contract is concluded and is accepted by the competent authority under Article 4(2) and (3) of the Regulation but where the contract is not concluded with a potato producer but with a dealer who obtains the potatoes directly or indirectly from potato producers?
                        
                     
                           (b)
                        
                        
                           Does Article 13(4) of Regulation (EC) No 97/95 as amended by Regulation (EC) No 1125/96 require the starch-producing undertaking to have exceeded its sub-quota by taking delivery of the potatoes?
                        
                     
         
               2.
            
            
               
                           (a)
                        
                        
                           Does the system of sanctions provided for in Article 13(4) of Regulation (EC) No 97/95 as amended by Regulation (EC) No 1125/96, by contradistinction to Article 13(3) of that Regulation, satisfy Community-law standards of certainty?
                        
                     
                           (b)
                        
                        
                           Is the sanction provided for in Article 13(4) of Regulation (EC) No 97/95 as amended by Regulation (EC) No 1125/96, in view of its amount, necessary to protect the financial interests of the Community within the meaning of Article 2(1) of Regulation (EC, Euratom) No 2988/95 in cases such as this? Is it commensurate with protection of the financial interests of the Community in cases such as this?
                        
                     
         
               3.
            
            
               Is an irregularity liable to a sanction under Article 13(4) of Regulation (EC) No 97/95 as amended by Regulation (EC) No 1125/96 caused by negligence within the meaning of Article 5(1) of Regulation (EC, Euratom) No 2988/95 even if the authority has approved the premium in full knowledge of the facts?