Reference for a preliminary ruling from the Conseil d’Etat (France) lodged on 5 December 2011 — Société Geodis Calberson GE v FranceAgriMer

(Case C-623/11)

(2012/C 39/21)

Language of the case: French

Referring court

Conseil d’Etat

Parties to the main proceedings

Appellant: Société Geodis Calberson GE

Respondent: FranceAgriMer

Question referred

The proceedings are stayed … until the Court of Justice of the European Union shall have given its ruling on the question whether the provisions of Article 16 of Commission Regulation (EC) No 111/1999 (1) of 18 January 1999 are to be interpreted as conferring on the Court of Justice of the European Union jurisdiction to rule on disputes relating to the conditions under which the intervention agency designated for receiving the tenders submitted during a tendering procedure for the free supply of agricultural products to Russia makes the payment owed to the successful tenderer and releases the supply security lodged by that tenderer in favour of that agency, in particular, actions for compensation for damage suffered as a result of misconduct by the intervention agency while carrying out those transactions.

(1)  Commission Regulation (EC) No 111/1999 of 18 January 1999 laying down general rules for the application of Council Regulation (EC) No 2802/98 on a programme to supply agricultural products to the Russian Federation (OJ 1999 L 14, p. 3).