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Case C-390/11: Judgment of the Court (Fourth Chamber) of 4 October 2012 (reference for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — CS AGRO Ronov s.r.o. v Ministerstvo zemědělství (Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract)
ECLI:EU:UNKNOWN:62011CA0390
62011CA0390
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24.11.2012
Official Journal of the European Union
C 366/14
(Case C-390/11)(Agriculture - Sugar sector - Common organisation of the markets - Application for restructuring aid - Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet - Definition - Unilateral declaration of the producer - Refusal to grant aid - Need to terminate the existing delivery contract)
2012/C 366/22
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: CS AGRO Ronov s.r.o.
Defendant: Ministerstvo zemědělství
Re:
Reference for a preliminary ruling — Nejvyšší správní soud — Interpretation of Article 4a of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ 2006 L 58, p. 42), as amended by Council Regulation (EC) No 1261/2007 of 9 October 2007 amending Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (OJ 2007 L 283, p. 8) — Common organisation of the markets in the sugar sector — Meaning of ‘undertaking’ having to accompany an application for restructuring aid, whereby a sugar beet producer enters into an obligation to cease delivery of a certain quantity of quota sugar beet to the undertakings with which it concluded a supply contract during the previous marketing year — Refusal to grant restructuring aid on the ground that that undertaking should take the form of termination of the existing supply contract rather than a unilateral declaration by the producer
Operative part of the judgment
1.Article 4a(1) of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy, as amended by Council Regulation (EC) No 1261/2007 of 9 October 2007, must be interpreted as meaning that the undertaking to cease delivery of a certain quantity of sugar beet during the marketing year 2008/2009 may take the form of a unilateral declaration by the producer.
2.Article 4a(1) of Regulation No 320/2006, as amended by Regulation No 1261/2007, must be interpreted as meaning that the unilateral undertaking of the producer to cease delivery of a certain quantity of sugar beet during the marketing year 2008/2009 does not as such entail the inapplicability of its contractual obligations towards the sugar company.
(1) OJ C 311, 22.10.2011.