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Case C-33/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof, Austria lodged on 28 January 2008 — AGRANA Zucker GmbH v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
ECLI:EU:UNKNOWN:62008CN0033
62008CN0033
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12.4.2008
Official Journal of the European Union
C 92/14
(Case C-33/08)
(2008/C 92/26)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: AGRANA Zucker GmbH
Defendant: Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
Questions referred
Must Article 11 of Council Regulation (EC) No 320/2006 of 20 February 2006 be interpreted as meaning that even a sugar quota which cannot be utilised as a consequence of a preventive withdrawal in accordance with Article 3 of Commission Regulation (EC) No 493/2006 of 27 March 2006 must be included in the assessment of the temporary restructuring amount?
In the event that the first question is answered in the affirmative:
Is Article 11 of Regulation No 320/2006 compatible with primary law, in particular with the principle of non-discrimination and the principle of the protection of legitimate expectations derived from Article 34 EC?