Keywords
Subject of the case
Operative part

Keywords

Agriculture – Common organisation of the markets – Sugar – Commission regulation setting two additional levy coefficients – Legal basis – Regulation No 1260/2001 – Not permissible (Council Regulation No 1260/2001, Art. 16(2) and (5); Commission Regulation No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 61-65)

2. Accession of new Member States to the Communities – Act of Accession 2003 – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector – Commission regulation setting two additional levy coefficients – Legal basis – Article 41, first paragraph, Act of Accession – Lawfulness (Act of Accession 2003, Art. 41, first para.; Commission Regulations No 60/2004 and No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 70-72, 77-79)

3. Agriculture – Common organisation of the markets – Sugar – Commission regulation setting two additional levy coefficients – Legal basis – Duty to mention expressly in the statement of reasons for the measure – Scope – No express mention without the possibility of determination by recourse to other elements of the statement of reasons – Annulment of the provision concerned (Act of Accession 2003, Art. 41, first para.; Commission Regulation No 1686/2005, as amended by Regulation No 1193/2009, Art. 2) (see paras 80, 82-87, 90-93)

Subject of the case

Re:

ANNULMENT of Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year, as amended by Article 3 of 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.

Operative part

Operative part

The Court:

1. Annuls Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year, as amended by Article 3 of 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;

2. Orders the European Commission to pay the costs.