Keywords
Summary

Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT LEVIES - CHARGED IRRESPECTIVE OF THE REAL PURCHASE PRICE

( COUNCIL REGULATION NO 2727/75 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - IMPORT LEVIES - NO EXEMPTION FOR IMPORTS OF MAIZE TO REUNION - DISCRIMINATION - NONE

( EEC TREATY, ART . 40 ( 3 ), SECOND SUBPARAGRAPH; COUNCIL REGULATION NO 2727/75 )

3 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - REPAYMENT OR REMISSION OF IMPORT DUTIES - ARTICLE 13 OF REGULATION NO 1430/79 - "SPECIAL CIRCUMSTANCES" - MEANING OF TERM

( COUNCIL REGULATION NO 1430/79, ART . 13 )

Summary

1 . THE PURPOSE OF THE IMPORT LEVY PROVIDED FOR IN REGULATION NO 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS IS TO ENSURE THAT COMMUNITY PREFERENCE IS OBSERVED AND THAT THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY ARE ATTAINED . IT IS APPLICABLE EVEN WHERE THE REAL PURCHASE PRICE DOES NOT CORRESPOND TO THE FICTITIOUS REFERENCE PRICE AND EXCEEDS NOT ONLY THE LATTER BUT ALSO THE COMMUNITY PRICE .

2 . IN TAKING THE VIEW THAT THE SITUATION OF REUNION IS NOT OBJECTIVELY DIFFERENT FROM THAT OF THE REST OF THE COMMUNITY AND DOES NOT JUSTIFY EXEMPTION FROM LEVIES IN RESPECT OF IMPORTS OF MAIZE INTO THAT TERRITORY THE COMMISSION DID NOT EXCEED THE BOUNDS OF ITS DISCRETION . THE APPLICATION OF THE LEVY INSTITUTED BY REGULATION NO 2727/75 TO MAIZE IMPORTED INTO REUNION THEREFORE DOES NOT CONSTITUTE A BREACH OF THE PROHIBITION OF DISCRIMINATION SET OUT IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY .

3 . SINCE THE GEOGRAPHICAL AND ECONOMIC SITUATION OF REUNION IS OF AN OBJECTIVE NATURE AND AFFECTS AN INDEFINITE NUMBER OF TRADERS, THE CIRCUMSTANCES IN WHICH MAIZE IS IMPORTED INTO REUNION DO NOT CONSTITUTE "SPECIAL CIRCUMSTANCES" WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 13 OF REGULATION NO 1430/79 SO AS TO JUSTIFY THE REPAYMENT OF LEVIES CHARGED ON THOSE IMPORTS .