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C 217/12 EN Official Journal of the European Union 28.8.

2004

Reference for a preliminary ruling by the College van tion of the markets in the sugar sector and Commission
Beroep voor het Bedrijfsleven by judgment of 28 May Regulation (EEC) No 2670/81 (3) of 14 September 1981
2004 in the case of Transport Maatschappij Traffic B.V. v laying down detailed implementing rules in respect of sugar
Staatssecretaris van Economische Zaken production wholly or partly invalid in view of the absence
of the possibility of repaying or remitting levies on C sugar
on equitable grounds?
(Case C-247/04)
2. If so, does the legal liability to the levy on C sugar no
longer apply, or may the competent authority of the
(2004/C 217/22) Member State concerned and/or the Commission decide not
to impose the levy on quantities of C sugar in accordance
with Article 3 of Regulation (EEC) No 2670/81, if the party
Reference has been made to the Court of Justice of the Euro- liable for the levy cannot be accused of any deception or
pean Communities by judgment of 28 May 2004 of the negligence which may have contributed to the fact that the
College van Beroep voor het Bedrijfsleven (Administrative export of those quantities intended by him has not taken
Court for Trade and Industry), which was received at the Court place and that in the interests of an investigation by the
Registry on 11 June 2004, for a preliminary ruling in the case national authorities into infringements and irregularities that
of Transport Maatschappij Traffic B.V. v Staatssecretaris van party has not been informed of the investigation referred to?
Economische Zaken on the following question:

(1) OJ L 175 of 12.7.1979, p. 1.


(2) OJ L 177 of 1.7.1981, p. 4.
‘Must the term “legally owed” in Article 236 of the Community (3) OJ L 262 of 16.9.1981, p. 14.
Customs Code (the CCC) (1) be understood as referring exclu-
sively to the question whether the conditions for the incurrence
of a customs debt, as set out in Chapter 2 of Title VII of the
CCC, are fulfilled or can legal indebtedness arise only if there
are no grounds, including grounds under the national provi-
sions in force as specified in Article 4(23) of the CCC, for chal- Action brought on 14 June 2004 by the Commission of
lenging the notification that duties are owed?’ the European Communities against the French Republic

(1) OJ L 302 of 13.10.1992, p. 1. (Case C-255/04)

(2004/C 217/24)

Reference for a preliminary ruling by the College van


Beroep voor het bedrijfsleven by order of that court of 9 An action against the French Republic was brought before the
June 2004 in the case of Koninklijke Coöperatie Cosun Court of Justice of the European Communities on 14 June
U.A. against Minister van Landbouw, Natuur en Voedsel- 2004 by the Commission of the European Communities, repre-
kwaliteit sented by E. Traversa and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg.

(Case C-248/04)
The applicant claims that the Court should:

(2004/C 217/23)
— Declare that
Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the College van Beroep voor het — by making the grant of a licence to a performing artists'
bedrijfsleven (Administrative court for trade and industry) of 9 engagements agency, established in another Member
June 2004, received at the Court Registry on 11 June 2004, for State, subject to the criterion of the benefit of the agen-
a preliminary ruling in the case of Koninklijke Coöperatie cy's activity in the light of the needs for engagement of
Cosun U.A. against Minister van Landbouw, Natuur en Voed- performers,
selkwaliteit (Minister for Agriculture, Nature and Food Quality)
on the following questions:
— by imposing the presumption of employment on a
performing artist who is recognised as a service
provider and established in his Member State of origin
1. If the possibility of remission under Article 13 of Regulation where he usually provides similar services,
(EEC) No 1430/79 (1), now replaced by Article 239 of the
Community Customs Code, is not applicable to levies on C
sugar as in the present action, are Council Regulation (EEC) the French Republic has failed to fulfil its obligations under
No 1785/81 (2) of 30 June 1981 on the common organiza- Articles 43 and 49 EC.