Avis juridique important
Judgment of the Court (Second Chamber) of 10 January 1990. - Gebrüder Gausepohl v Hauptzollamt Hamburg-Jonas. - Reference for a preliminary ruling: Finanzgericht Hamburg - Germany. - Agriculture - Special export refunds for certain meat of bovine animals. - Case C-101/88.
European Court reports 1990 Page I-00023
Pub.RJ Page Pub somm
Summary
Parties
Operative part
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Agriculture - Common organization of the markets - Meat of bovine animals - Export refunds - Special refunds for certain boned meat - Conditions for the grant thereof - Exportation of the total quantity of cuts from hindquarters of adult male cattle placed under supervision - Negligible part missing of no effect
( Commission Regulation No 1964/82, Art . 6(1 ) )
SummaryThe first paragraph of Article 6 of Regulation No 1964/82 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals must be interpreted as meaning that the grant of the special refund is conditional on the exportation of the total quantity of pieces from hindquarters placed under supervision . However, the fact that a negligible part of that total quantity is missing does not, regard being had to the principle of proportionality and in the absence of bad faith by the trader, constitute sufficient grounds for considering that the condition relating to exportation has not been met with regard to the remainder of the meat .
PartiesIn Case C-101/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht ( Finance Court ) Hamburg for a preliminary ruling in the proceedings pending before that court between
Firma Gebr . Gausepohl
and
Hauptzollamt ( Principal Customs Office ) Hamburg-Jonas,
on the interpretation of the first paragraph of Article 6 of Commission Regulation ( EEC ) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals ( Official Journal 1982, L 212, p . 48 ),
THE COURT ( Second Chamber )
composed of : F . A . Schockweiler, President of Chamber, G . F . Mancini and T . F . O' Higgins, Judges,
in answer to the questions referred to it by the Finanzgericht, Hamburg, by order of 14 December 1987, hereby rules :
Operative partThe first paragraph of Article 6 of Regulation ( EEC ) No 1964/82 is to be interpreted as meaning that the grant of the special refund is conditional on exportation of the total quantity of pieces from hindquarters placed under supervision . However, the fact that a negligible part of that total quantity is missing does not, in the absence of bad faith, constitute sufficient grounds for considering that the condition relating to exportation has not been met with regard to the remainder of the meat .
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