This document is an excerpt from the EUR-Lex website
Document 61981CJ0064
Sammanfattning av domen
Sammanfattning av domen
1 . COMMUNITY LAW - CONCEPTS - INTERPRETATION - REFERENCE TO NATIONAL LEGAL SYSTEM - IMPERMISSIBLE
2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - REDUCTION IN THE RATE - BUTTER SOLD AT A REDUCED PRICE TO CERTAIN UNDERTAKINGS FOR PROCESSING - OBLIGATORY DESTINATION - POWDER FOR THE PREPARATION OF EDIBLE ICES FALLING WITHIN SUBHEADINGS NOS EX 18.06 D OR EX 21.07 F OF THE COMMON CUSTOMS TARIFF - MEANING OF THE WORDS ' ' EDIBLE ICES . . . SUITABLE FOR CONSUMPTION ' '
( REGULATION NO 1259/72 OF THE COMMISSION , ART . 6 ( 1 ) ( C ), AS AMENDED BY REGULATIONS NOS 2815/72 AND 2819/74 )
1 . THE COMMUNITY LEGAL ORDER DOES NOT AIM IN PRINCIPLE TO DEFINE ITS CONCEPTS ON THE BASIS OF ONE OR MORE NATIONAL LEGAL SYSTEMS WITHOUT EXPRESS PROVISION TO THAT EFFECT .
2 . POWDER FALLING WITHIN SUBHEADINGS NOS EX 18.06 D OR EX 21.07 F OF THE COMMON CUSTOMS TARIFF AND INTENDED FOR THE PREPARATION OF EDIBLE ICES WITHIN THE MEANING OF THE THIRD INDENT OF ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 1259/72 AS AMENDED BY REGULATION NO 2815/72 OF THE COMMISSION AND AS LAST AMENDED BY REGULATION NO 2819/74 MUST CONTAIN ONLY PRODUCTS WHICH CAN BE PROCESSED INTO EDIBLE ICES SUITABLE FOR CONSUMPTION WITHOUT ANY TREATMENT OTHER THAN THE ADDITION OF WATER AND REFRIGERATION . SUITABILITY FOR CONSUMPTION AS AN EDIBLE ICE WITHIN THE MEANING OF THE SAID REGULATION REQUIRES FOR THE PURPOSES OF COMMUNITY LAW TREATMENT OF THE BASIC PRODUCT SUCH THAT ITS SOLE POSSIBLE APPLICATION IS THE PRODUCTION OF EDIBLE ICES , THAT IS TO SAY , OF A PRODUCT WHICH IS PERCEPTIBLY SUGARED OR FLAVOURED AND WHOSE CONSISTENCY , AFTER THE ADDITION OF WATER AND REFRIGERATION , IS SUCH THAT IT DOES NOT BREAK UP TOO RAPIDLY AT AMBIENT TEMPERATURES AND WHICH RETAINS ITS FRESHNESS FOR A SUFFICIENTLY LONG PERIOD .