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Case C-131/11: Judgment of the Court (First Chamber) of 15 November 2012 (reference for a preliminary ruling from the Finanzgericht Düsseldorf, Germany) — Pfeifer & Langen KG v Hauptzollamt Aachen (Agriculture — Regulation (EEC) No 1443/82 — Article 3(4) — Application of the quota system in the sugar sector — Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises — Whether that surplus is to be taken into account when establishing the final production figures for the marketing year during which the difference came to light)
ECLI:EU:UNKNOWN:62011CA0131
62011CA0131
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Official Journal of the European Union
C 9/11
(Case C-131/11) (<span class="super">1</span>)
(Agriculture - Regulation (EEC) No 1443/82 - Article 3(4) - Application of the quota system in the sugar sector - Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises - Whether that surplus is to be taken into account when establishing the final production figures for the marketing year during which the difference came to light)
2013/C 9/16
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Pfeifer & Langen KG
Defendant: Hauptzollamt Aachen
Re:
Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Article 3(4) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector (OJ 1982 L 158, p. 17) — Surplus quantity of isoglucose found subsequently by the authorities of a Member State during an inspection — Whether it is possible to take that surplus into account when establishing the final production figures for the marketing year during which the surplus came to light
Operative part of the judgment
Article 3(4) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector, as amended by Commission Regulation (EC) No 392/94 of 23 February 1994, must be interpreted as not being applicable in a situation in which a surplus quantity of sugar has been found by the national authorities in the context of an a posteriori investigation carried out at the producer’s premises if the surplus quantity constitutes C sugar.
(<span class="super">1</span>) OJ C 179, 18.6.2011.