Mignini SpA contra Azienda di Stato per gli interventi sul mercato agricolo (AIMA).

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Grévisse
• ECLI: ECLI:EU:C:1992:173
• Date: 08 April 1992
• Docket Number: C-256/90
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61990J0256

Judgment of the Court (Fifth Chamber) of 8 April 1992. - Mignini SpA v Azienda di Stato per gli interventi sul mercato agricolo (AIMA). - Reference for a preliminary ruling: Pretore di Perugia - Italy. - System of aid for the production of soya. - Case C-256/90.

European Court reports 1992 Page I-02651

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Agriculture ° Common organization of the markets ° Oils and fats ° Special measures for soya beans ° Aid for processing ° Control measures ° Identification of the beans ° Rules requiring manufacturers of foodstuffs for human consumption or animal feedingstuffs to have storage facilities within the precincts of the establishment where production takes place ° Infringement of the principle of proportionality and discrimination between producers ° Illegality

(EEC Treaty, Art. 40(3), second subparagraph; Council Regulation No 1491/85; Commission Regulation No 2537/89, Art. 2(1)(b), as supplemented by Regulation No 150/90, Art. 1(1))

Summary

The requirement that manufacturers of animal feedingstuffs or foodstuffs for human consumption who have applied for aid for the processing of soya beans pursuant to Regulation No 1491/85 should have storage facilities on the premises of their production establishment must be regarded as disproportionate to the objective of preventing fraud. On the one hand, the aid system provides for various means of control, in particular with regard to the origin of the seeds processed, which make it possible to detect possible frauds and, on the other hand, there is a risk that the said obligation will entail increased costs for undertakings, which may be required to construct new storage facilities. At the same time, it is contrary to the principle of equality in so far as it applies to processors manufacturing foodstuffs or animal feedingstuffs but not to those producing soya oil, without there being any objective justification for that difference of treatment between the two categories of processors. For those reasons, Article 2(1)(b) of Regulation No 2537/89, as supplemented by Article 1(1) of Regulation No 150/90, is invalid.

Parties

In Case C-256/90,

REFERENCE to the Court under Article 177 of the EEC Treaty by Pretore di Perugia (Magistrate, Perugia) (Italy) for a preliminary ruling in the proceedings pending before that court between

Mignini SpA

and

Azienda di Stato per gli Interventi sul Mercato Agricolo (AIMA),

on the validity of Article 2(1)(b) of Commission Regulation (EEC) No 2537/89 of 8 August 1989 laying down detailed rules for the application of the special provisions for soya beans (Official Journal 1989 L 245, p. 8), as supplemented by Commission Regulation (EEC) No 150/90 of 19 January 1990 (Official Journal 1990 L 18, p. 10),

THE COURT (Fifth Chamber),

composed of: R. Joliet, President of the Chamber, F. Grévisse, J.C. Moitinho de Almeida, G.C. Rodríguez Iglesias and M. Zuleeg, Judges,

Advocate General: F.G. Jacobs,

Registrar: J.A. Pompe, Deputy Registrar,

after considering the written observations submitted on behalf of:

- Mignini SpA, by Emilio Cappelli, of the Rome Bar,

- the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, acting as Agent, assisted by Oscar Fiumara, Avvocato dello Stato,

- the Commission of the European Communities, by its Legal Adviser, Eugenio de March, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Mignini SpA, the Italian Government, represented by Professor Luigi Ferrari Bravo, assisted by Marcello Conti, Avvocato dello Stato, and the Commission at the hearing on 24 January 1992,

after hearing the Opinion of the Advocate General at the sitting on 27 February 1992,

gives the following

Judgment

Grounds

1 By order of 6 August 1990, lodged at the Court on 22 August 1990, the Pretura Circondariale di Perugia (District Magistrate' s Court, Perugia, Italy) referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty a question on the validity of Article 2(1)(b) of Commission Regulation (EEC) No 2537/89 of 8 August 1989 laying down detailed rules for the application of the special measures for soya beans (Official Journal 1989 L 245, p. 8), as amended by Commission Regulation (EEC) No 150/90 of 19 January 1990 (Official Journal 1990 L 18, p. 10, hereinafter referred to as "the contested provisions").

2 That question was raised in the course of proceedings between Mignini SpA (hereinafter referred to as "Mignini"), a manufacturer of animal feedingstuffs based on soya beans, and the Azienda di Stato per gli Interventi sul Mercato Agricolo (the Italian intervention agency, hereinafter referred to as "AIMA") concerning the refusal to pay Mignini the aid payable to a "first purchaser" as provided for in Article 2(2) of Council Regulation (EEC) No 1491/85 of 23 May 1985 laying down special measures in respect of soya beans (Official Journal 1985 L 151, p. 15), last amended by Council Regulation (EEC) No 2217/88 of 19 July 1988 (Official Journal 1988 L 197, p. 11).

3 AIMA refused to pay the aid for which Mignini applied in respect of the purchase of a quantity of 3 770 kilograms of soya beans on the ground that those beans had not been identified on the premises of the production establishment, as required by the contested provisions.

4 Mignini then brought proceedings before the Pretura Circondariale di Perugia, inviting that court, first, to declare, after first...