19.6.2010

Official Journal of the European Union

C 161/12

(Case C-102/09) (<span class="super note-tag">1</span>)

(International agreements - Yaoundé Convention - Fourth ACP-EEC Lomé Convention - Standstill clause - Internal taxation - Bananas)

(2010/C 161/16)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Camar Srl

Defendant: Presidenza del Consiglio dei Ministri

Re:

Reference for a preliminary ruling — Tribunale di Firenze — Common organisation of the markets — Bananas — Compatibility with Article 14 of the First Yaoundé Convention and with the import system governed by the ACP-EEC Lomé Convention of a national law imposing a consumption tax on bananas originating in Somalia

Operative part of the judgment

1.Article 14 of the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community, signed at Yaoundé on 20 July 1963, did not preclude a tax on bananas originating in Somalia such as that introduced by Law No 986/1964 of 9 October 1964.

2.The national court is not required to examine the specific effects of increases of a tax on imports of bananas originating in Somalia, such as the tax introduced by the legislation at issue in the main proceedings, by comparison with the situation before 1 April 1976, in order to determine whether such increases are compatible with the standstill clause in Article 1 of Protocol No 5 on bananas annexed to the Fourth Lomé Convention. However, increases of such a tax which simply adjust it to take account of inflation are not incompatible with that clause.

(<span class="note">1</span>) OJ C 129, 6.6.2009.