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Document 62010CN0147
Case C-147/10: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division, made on 29 March 2010 — British Sugar plc v Rural Payments Agency, an Executive Agency of the Department for Environment, Food and Rural Affairs
Case C-147/10: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division, made on 29 March 2010 — British Sugar plc v Rural Payments Agency, an Executive Agency of the Department for Environment, Food and Rural Affairs
Case C-147/10: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division, made on 29 March 2010 — British Sugar plc v Rural Payments Agency, an Executive Agency of the Department for Environment, Food and Rural Affairs
OJ C 148, 5.6.2010, p. 19–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
5.6.2010 |
EN |
Official Journal of the European Union |
C 148/19 |
Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division, made on 29 March 2010 — British Sugar plc v Rural Payments Agency, an Executive Agency of the Department for Environment, Food and Rural Affairs
(Case C-147/10)
2010/C 148/29
Language of the case: English
Referring court
High Court of Justice (England and Wales), Chancery Division
Parties to the main proceedings
Applicant: British Sugar plc
Defendant: Rural Payments Agency, an Executive Agency of the Department for Environment, Food and Rural Affairs
Questions referred
1. |
Is Commission Regulation (EC) No 1193/2009 (1) invalid, having regard to the judgments of the Court of Justice in Joined Cases C-5/06 and C-23/06 to C-36/06 Zuckerfabrik Jülich AG v Hauptzollamt Aachen [2008] ECR I-3231 and joined cases C-175/07 to C-184/07 SAFBA [2008] ECR I-184*? |
2. |
Is Commission Regulation (EC) No 1193/2009 otherwise invalid, having regard to the legal basis on which it has been adopted, namely Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (2)? |
3. |
In calculating the compensation payable in respect of overpayments of sugar production levies in the marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006, is the applicable currency exchange rate and date of conversion a matter to be determined by European Union law? If so, is Article 6 of Commission Regulation (EC) No 1193/2009 to be interpreted as requiring compensation to be paid by reference to the currency exchange rates that applied at the time the overpaid levy was originally calculated? If so, is Article 6 of Commission Regulation (EC) No 1193/2009 valid? |
4. |
In relation to interest:
|
(1) Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006
OJ L 321, p. 1
(2) OJ L 178, p. 1
(3) Council Decision of 29 September 2000 on the system of the European Communities’ own resources
OJ L 253, p. 42
(4) Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources
OJ L 130, p. 1