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C 316/6 EN Official Journal of the European Communities 4.11.

2000

Council Directive 86/653/EEC of 18 December 1986 on the Article 15b(8) of Regulation (EEC) No 1035/72 of the Council of
coordination of the laws of the Member States relating to self- 18 May 1972 on the common organisation of the market in
employed commercial agents precludes national legislation which fruit and vegetables, as amended by Council Regulation (EEC)
makes the validity of an agency contract conditional upon the No 3284/83 of 14 November 1983, must be interpreted as
commercial agent being entered in the appropriate register. The meaning that, where a Member State has applied Article 15b(1) of
national court is bound, when applying provisions of domestic law that regulation, that is to say where it has made certain rules on
predating or postdating the said Directive, to interpret those production and marketing adopted by a producers’ organisation
provisions, so far as possible, in the light of the wording and purpose binding on producers established in the district who do not belong to
of the Directive, so that those provisions are applied in a manner that organisation, it is entitled to exempt certain non-member
consistent with the result pursued by the Directive. producers from the payment of fees, in respect of a given product, in
so far as the goods produced by them are intended for industrial
processing rather than for the fresh-product market.
(1) OJ C 48 of 20.2.1999.

(1) OJ C 188 of 3.7.1999.

JUDGMENT OF THE COURT

(Fifth Chamber) JUDGMENT OF THE COURT

of 13 July 2000 (Fifth Chamber)

in Case C-117/99 (reference for a preliminary ruling from of 13 July 2000
the Cour de Cassation): Union Nationale Interpro-
fessionnelle des Légumes Transformés (Unilet), Gilles Le
Bars v Association Comité Économique Régional Agricole in Case C-136/99 (reference for a preliminary ruling from
Fruits et Légumes de Bretagne (Cerafel) (1) the Conseil d’État): Ministre du Budget, Ministre de
l’Économie et des Finances v Société Monte Dei Paschi Di
Siena (1)
(Agriculture — Common organisation of the markets —
Fruit and vegetables — Producers’ organisations — Impo-
sition of fees on non-member producers of fresh products — (Turnover tax — Common system of value added tax —
Exemption for non-member producers of products intended Refund of the tax to taxable persons not established in the
for processing — Lawfulness of the exemption) country — Article 17 of the Sixth Directive 77/388/EEC and
Articles 2 and 5 of the Eighth Directive 79/1072/EEC)
(2000/C 316/10)
(2000/C 316/11)

(Language of the case: French)
(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports) (Provisional translation; the definitive translation will be published
in the European Court Reports)
In Case C-117/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Cour de In Case C-136/99: reference to the Court under Article 177 of
Cassation, France, for a preliminary ruling in the proceedings the EC Treaty (now Article 234 EC) from the Conseil d’État,
pending before that court between Union Nationale Interpro- France, for a preliminary ruling in the proceedings pending
fessionnelle des Légumes Transformés (Unilet), Gilles Le Bars before that court between Ministre du Budget, Ministre de
and Association Comité Économique Régional Agricole Fruits l’Économie et des Finances and Société Monte Dei Paschi Di
et Légumes de Bretagne (Cerafel) — on the interpretation of Siena — on the interpretation of Articles 2 and 5 of the Eighth
Article 15b(8) of Regulation (EEC) No 1035/72 of the Council Council Directive 79/1072/EEC of 6 December 1979 on the
of 18 May 1972 on the common organisation of the market harmonisation of the laws of the Member States relating to
in fruit and vegetables (OJ, English Special Edition 1972(II), turnover taxes — Arrangements for the refund of value added
p. 437), as amended by Council Regulation (EEC) No 3284/83 tax to taxable persons not established in the territory of the
of 14 November 1983 (OJ 1983 L 325, p. 1) — the Court country (OJ 1979 L 331 p. 11), — the Court (Fifth Chamber)
(Fifth Chamber), composed of: D.A.O. Edward, President of the composed of: D.A.O. Edward, President of the Chamber,
Chamber, L. Sevón, P. Jann (Rapporteur), H. Ragnemalm and L. Sevón, P. Jann, H. Ragnemalm (Rapporteur) and M. Wathe-
M. Wathelet, Judges; S. Alber, Advocate General; H.A. Rühl, let, Judges, A. Saggio, Advocate General; H.A. Rühl, Principal
Principal Administrator, for the Registrar, has given a judgment Administrator, for the Registrar, has given a judgment on
on 13 July 2000, in which it has ruled: 13 July 2000, in which it has ruled: