Doux SA v Établissement national des produits de l'agriculture et de la mer (FranceAgriMer).
Date: 2017-03-09
22


In that connection, as regards the alleged breach of the principle of legal certainty, it must be recalled that that requires that EU rules enable those concerned to know precisely the extent of the obligations which are imposed on them. Individuals must be able to ascertain unequivocally what their rights and obligations are and take steps accordingly (judgments of 10 March 2009, Heinrich, C‑345/06, EU:C:2009:140, paragraph 44, and of 29 March 2011, ArcelorMittalLuxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 68).
26


The EU legislature enjoys a broad discretion when exercising the powers conferred on it in matters of agriculture when it is required to make complex assessments and evaluations (see, to that effect, judgment of 30 June 2016, Lidl, C‑134/15, EU:C:2016:498, paragraph 47 and the case-law cited). Such is the case as regards the choice of whether to carry out a revision of the rules in force concerning the limits for the water content of frozen and quick-frozen chickens.
36


Nevertheless, it is clear from the case-law of the Court that a distinction must be made between the right of economic operators to export their products and the right to benefit from an export refund, which means that the exports do not necessarily lead to the grant of export refunds (see, to that effect, judgment of 7 September 2006, Nowaco Germany, C‑353/04, EU:C:2006:522, paragraphs 35 and 36).
38


The marketability of the product ‘in normal conditions’ is an inherent aspect of ‘sound and fair marketable quality’ (judgments of 26 May 2005, SEPA, C‑409/03, EU:C:2005:319, paragraph 26, and of 1 December 2005, Fleisch-Winter, C‑309/04, EU:C:2005:732, paragraph 21). A product which could not be marketed within the Union under normal conditions and under the description given in the claim for the grant of a refund would not meet these requirements (judgments of 26 May 2005, SEPA, C‑409/03, EU:C:2005:319, paragraph 22, and of 1 December 2005, Fleisch-Winter, C‑309/04, EU:C:2005:732, paragraph 20).
41


In that connection, it is clear from the case-law of the Court that it must be examined whether a batch of chickens is marketable in the EU ‘in normal conditions’, on the basis of requirements contained in the regulation which directly concern the quality of the products, and not on the basis of requirements, the sole objective of which is to inform the consumer (see, to that effect, judgment of 7 September 2006, NowacoGermany, C‑353/04, EU:C:2006:522, paragraph 38).
56


It observed, specifically as regards the checks on exported goods giving entitlement to refunds, that EU legislation provides for a sort of cooperation between the exporter and the national customs authority, in order to correctly monitor exports qualifying for refunds (see, in the context of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1), as amended by Regulation (EC) No 82/97 of the European Parliament and of the Council of 19 December 1996 (OJ 1997 L 17, p. 1), judgment of 7 September 2006, Nowaco Germany, C‑353/04, EU:C:2006:522, paragraph 63).
59


Irrespective of the rights laid down by Article 118(2) and Article 119(1), second subparagraph, of the Customs Code, it must be recalled that, according to settled case-law, in so far as the exporter, by lodging an application for a refund, continues to assert either expressly or impliedly that the product in question is of ‘sound and fair marketable quality’, it is for the exporter, according to the rules of evidence of national law, to prove that that condition is, in fact, satisfied if a declaration is questioned by the national authorities (judgment of 1 December 2005, Fleisch-Winter, C‑309/04, EU:C:2005:732, paragraph 35).
60


Finally, Article 41 of the Charter of Fundamental Rights of the European Union, which as the wording clearly states is addressed not to the Member States but solely to the institutions, bodies, offices and agencies of the European Union (judgment of 17 December 2015, WebMindLicenses, C‑419/14, EU:C:2015:832, paragraph 83) is not relevant in the case in the main proceedings.