Avis juridique important

61972J0041

European Court reports 1973 Page 00001 Greek special edition Page 00343 Portuguese special edition Page 00001

Parties

IN CASE 41/72

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HESSISCHES FINANZGERICHT ( VIITH SENATE ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

GETREIDE-IMPORT-GESELLSCHAFT MBH, HAVING ITS REGISTERED OFFICE AT 41 DUISBURG, MERCATORSTRASSE 16-20,

AND

EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, FRANKFURT-ON-MAIN, ADICKESALLEE 40,

Subject of the case

ON THE VALIDITY OF THE DECISION OF THE COMMISSION OF THE EEC OF 3 DECEMBER 1965 ( OJ AGRICULTURAL SUPPLEMENT NO 7/65 OF 8 DECEMBER 1965, PAGES 1612/65 AND 1625/65, TABLE B ),

Grounds

1 BY ORDER DATED 12 JUNE 1972, RECEIVED AT THE REGISTRY ON 4 JULY 1972, THE HESSISCHES FINANZGERICHT REFERRED TO THE COURT FOR A PRELIMINARY RULING THE QUESTION OF THE VALIDITY OF THE DECISION OF THE COMMISSION OF THE EEC OF 3 DECEMBER 1965 ( OJ, AGRICULTURAL SUPPLEMENT NO 7/65 OF 8 DECEMBER 1965, PAGES 1612 AND 1625, TABLE B ) BY WHICH IT FIXED THE FREE-AT-FRONTIER PRICE FOR IMPORTS OF MAIZE FROM ITALY TO THE FEDERAL REPUBLIC OF GERMANY AT 51 751 LIRE PER METRIC TON AS FROM 6 DECEMBER 1965.

2 IT CAN BE SEEN FROM THE STATEMENT OF REASONS IN THE ORDER REFERRING THE MATTER THAT THE APPLICANT IN THE MAIN ACTION ALLEGES THAT THE DECISION IN QUESTION IS ILLEGAL BECAUSE THE COMMISSION BASED ITS CALCULATIONS FOR DETERMINING THE FREE-AT-FRONTIER PRICE OF MAIZE FROM ITALY NOT ON THE MOST FAVOURABLE PRICE FOR MAIZE GROWN IN ITALY, AS LAID DOWN BY ARTICLE 1 OF REGULATION NO 86 OF THE COMMISSION, BUT ON THE MOST FAVOURABLE PRICE FOR MAIZE IMPORTED FROM THE UNITED STATES.

3 HOWEVER, IT HAS BEEN ESTABLISHED IN THE COURSE OF THESE PROCEEDINGS THAT IN DETERMINING FREE-AT-FRONTIER PRICES THE COMMISSION, UNTIL 10 DECEMBER 1965, BASED ITS CALCULATIONS EXCLUSIVELY ON THE MOST FAVOURABLE PRICES FOR MAIZE HARVESTED IN ITALY.

THEREFORE, THE GROUND OF COMPLAINT OF THE APPLICANT IN THE MAIN ACTION AGAINST THE DECISION IN QUESTION IS WITHOUT FOUNDATION.

4 EXAMINATION OF THE PROCEDURE FOLLOWED BY THE COMMISSION IN PREPARING THE DECISION IN QUESTION DOES NOT REVEAL ANY OTHER MATTER CAPABLE OF AFFECTING ITS VALIDITY.

5 THE QUESTION SHOULD THEREFORE BE ANSWERED IN THIS MANNER.

Decision on costs

6 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT.

Operative part

THE COURT IN ANSWER TO THE QUESTION REFERRED TO IT BY THE HESSISCHES FINANZGERICHT BY ORDER OF THAT COURT DATED 12 JUNE 1972, HEREBY RULES : EXAMINATION OF THE DECISION OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY OF 3 DECEMBER 1965 DETERMINING THE FREE-AT-FRONTIER PRICE FOR THE IMPORT OF MAIZE FROM ITALY TO THE FEDERAL REPUBLIC OF GERMANY HAS NOT REVEALED ANY MATTER CAPABLE OF AFFECTING ITS VALIDITY.