Danisco Sugar AB contra Allmänna ombudet.

• Jurisdiction: European Union
• Celex Number: 61996CJ0027
• ECLI: ECLI:EU:C:1997:563
• Date: 27 November 1997
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-27/96

Avis juridique important

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61996J0027

Judgment of the Court (Fifth Chamber) of 27 November 1997. - Danisco Sugar AB v Allmänna ombudet. - Reference for a preliminary ruling: Länsrätt i Jönköpings län - Sweden. - Accession of the Kingdom of Sweden - Agriculture - Sugar - National levy on sugar stocks. - Case C-27/96.

European Court reports 1997 Page I-06653

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Accession of new Member States to the Communities - Austria - Finland - Sweden - Agriculture - Common organization of the markets - Sugar - National levy on sugar in stock on the eve of accession - Whether permissible

(EC Treaty, Arts 39 and 40; 1994 Act of Accession, Arts 137(2) and 145(2); Council Regulation No 1785/81; Commission Regulation No 3300/94)

Summary

Articles 137(2) and 145(2) of the 1994 Act of Accession, Articles 39 and 40 of the Treaty, Regulation No 1785/81 on the common organization of the markets in the sugar sector and Regulation No 3300/94 laying down transitional measures in the sugar sector following the accession of Austria, Finland and Sweden do not preclude a State acceding to the European Union from adopting, on the eve of its accession, legislation introducing a levy on sugar being then held in stock within that State.

Although Regulation No 3300/94 applied the higher Community selling price to quantities of sugar produced in the acceding States during the 1994/95 marketing year - much of which had been disposed of before the date of accession - without requiring, by way of consideration, contributions to the self-financing arrangements for the sector, such a concession on the part of the Community with regard to a quantity of sugar regarded as marginal in Community terms does not mean that the Community provisions prohibited the adoption of legislation designed to eliminate, before accession, the profit which Swedish sugar producers expected to gain from the fact of accession and the resulting difference in selling price, so long as such legislation does not interfere with the functioning of the mechanisms for the common organization of the markets in the sugar sector.

Parties

In Case C-27/96,

REFERENCE to the Court under Article 177 of the EC Treaty by the Länsrätt i Jönköpings Län (Sweden) for a preliminary ruling in the proceedings pending before that court between

Danisco Sugar AB

and

Allmänna Ombudet

on the interpretation of Articles 137(2), 145(2) and 149(1) of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21), Articles 39 and 40 of the EC Treaty, Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (OJ 1981 L 177, p. 4), and Commission Regulation (EC) No 3300/94 of 21 December 1994 laying down transitional measures in the sugar sector following the accession of Austria, Finland and Sweden (OJ 1994 L 341, p. 39),

THE COURT

(Fifth Chamber),

composed of: M. Wathelet, President of the First Chamber, acting as President of the Fifth Chamber, J.C. Moitinho de Almeida, D.A.O. Edward, P. Jann and L. Sevón (Rapporteur), Judges,

Advocate General: A. La Pergola,

Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of:

- Danisco Sugar AB, by Lars Gildéus, Advokat, Malmö, and Otfried Lieberknecht, Michael Schütte and Wolfgang Kirchhoff, Rechtsanwälte, Brussels,

- the Swedish Government, by Erik Brattgård, Departementsråd in the Foreign Trade Department of the Ministry of Foreign Affairs, acting as Agent,

- the Commission of the European Communities, by Eugenio De March, Legal Adviser, and Knut Simonsson, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Danisco Sugar AB, represented by Lars Gildéus, Otfried Lieberknecht and Michael Schütte; the Swedish Government, represented by Erik Brattgård; the Danish Government, represented by Peter Biering, Head of Division in the Ministry of Foreign Affairs, acting as Agent; and the Commission, represented by Knut Simonsson, at the hearing on 17 April 1997,

after hearing the Opinion of the Advocate General at the sitting on 17 June 1997,

gives the following

Judgment

Grounds

1 By order of 26 January 1996, received at the Court on 30 January 1996, the Länsrätt i Jönköpings Län (Jönköping County Administrative Court) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty two questions on the interpretation of Articles 137(2), 145(2), and 149(1) of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21; hereinafter `the Act of Accession'), Articles 39 and 40 of the EC Treaty, Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (OJ 1981 L 177, p. 4) and Commission Regulation (EC) No 3300/94 of 21 December 1994 laying down transitional measures in the sugar sector following the accession of Austria, Finland and Sweden (OJ 1994 L 341, p. 39).

2 Those questions were raised in proceedings between Danisco Sugar AB (hereinafter `Danisco') and the Allmänna Ombudet (Public Attorney), representing the Statens Jordbruksverk (the Swedish Agricultural Board, hereinafter `the Jordbruksverk'), concerning the payment of...