Source: All England Reporter
Publisher Citation: [2006] All ER (D) 37 (Sep)
Court: Court of Justice of the European Communities (First Chamber)

Judges Jann (President of Chamber), Cunha Rodrigues, Juhasz (Rapporteur), Ilesic and Levits

Judgment Dates: 7 September 2006


European Community - Export regulations - Export of poultry - Exporter seeking tax refund - Whether exporter entitled to refund - Commission Regulation (EEC) 1538/91 - Council Regulation (EEC) 2913/93.

The Case

The Court of Justice ruled on the applicability of Commission Regulation (EEC) 1538-91 (which introduced detailed rules for implementing Regulation (EEC) 1906-90, which laid down minimum quality standards for poultry) and Council Regulation (EEC) 2913-93. It held, inter alia, that for the purposes of establishing whether a product in respect of which an export refund was sought was of 'sound and fair marketable quality', Commission Regulation (EEC) 1538-91 applied.

Practice Areas

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