Source: All England Reporter
Publisher Citation: [2005] All ER (D) 344 (Nov)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Makarczyk (President of Chamber), Schingten, Silva de Lapuerta (Rapporteur)

Judgment Dates: 24 November 2005


European Community - Reference to European Court - Request for preliminary ruling concerning interpretation of Community law - Community regulation concerning export refunds for milk and milk products - Whether export to third country of cheese intended for processing in that country eligible for export refund - Council Regulation (EEC) No 804/68, art 17(1) - Council Regulation (EEC) No 3445/89.

The Case

The European Court of Justice (Fifth Chamber) ruled that cheese exported in 1990 which, by its nature, was intended for processing in a third country might be covered by an export refund pursuant to art17(1) of Council Regulation No 804-68 (on the common organisation of the market in milk and milk products, as amended by Council Regulation (EEC) No 3904-87), provided that it was classified, taking account of its type and composition, under one of the product codes in the annex to Commission Regulation (EEC) No 1706-89 (fixing the export refunds on milk and milk products), as defined by the agricultural product nomenclature for export refunds annexed to Commission Regulation (EEC) No 3445-89 (establishing the full version of the agricultural product nomenclature for export refunds).

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