Judgment of the Court 10 January 1973 Getreide-Import-Gesellschaft mbH v. Einfuhr- und Vorratsstelle für Getreide und Futtermittel (reference for a preliminary ruling by the Hessisches Finanzgericht)

In Case 41/72 Reference to the Court under Article 177 of the EEC Treaty by the Hessisches Finanzgericht (VIIth Senate) for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Monaco (President of Chamber), President, P. Pescatore, President of Chamber, A. M. Donner (Rapporteur), J. Mertens de Wilmars and H. Kutscher, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

Grounds of judgment

Costs

I —. Facts and procedure

II —. Observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

1. The Commission explains that the aim of the levy in question, charged on imports of maize from Italy to Germany, is to compensate for the differences existing between the prices of cereals in these two Member States. The amount of the levy corresponds to the difference between the price of maize from Italy delivered free-at-frontier in Germany and the German threshold price, corrected by a flat-rate amount. It devolves on the Commission to determine the free-at-frontier price, in accordance with the detailed rules laid down by Article 3 of Regulation No 19 of the Council of 4 April 1962 (OJ No 30 of 20. 4. 1962, p. 933).

2. The Commission maintains that the free-at-frontier price in question was properly calculated and determined, in accordance with all relevant provisions. It was based on the market prices ruling at Padua, the most representative market in this case.

3. It follows from the foregoing that the Commission did not base its calculations on the lowest prices ruling at the time at Padua for maize imported from North America, which worked out at 41500 lire per metric ton, but on the lowest prices for maize grown in Italy, as desired by the applicant.

1. By order dated 12 June 1972, received at the Registry on 4 July 1972, the Hessisches Finanzgericht referred to the Court for a preliminary ruling the question of the validity of the decision of the Commission of the EEC of 3 December 1965 (OJ, Agricultural Supplement No 7/65 of 8 December 1965, pages 1612 and 1625, Table B) by which it fixed the free-at-frontier price for imports of maize from Italy to the Federal Republic of Germany at 51751 lire per metric ton as from 6 December 1965.

2. It can be seen from the statement of reasons in the order referring the matter that the applicant in the main action alleges that the decision in question is illegal because the Commission based its calculations for determining the free-at-frontier price of maize from Italy not on the most favourable price for maize grown in Italy, as laid down by Article 1 of Regulation No 86 of the Commission, but on the most favourable price for maize imported from the United States.

3. However, it has been established in the course of these proceedings that in determining free-at-frontier prices the Commission, until 10 December 1965, based its calculations exclusively on the most favourable prices for maize harvested in Italy.

4. Examination of the procedure followed by the Commission in preparing the decision in question does not reveal any other matter capable of affecting its validity.

5. The question should therefore be answered in this manner.

6. The costs incurred by the Commission of the European Communities, which has submitted observations to the Court, are not recoverable, and as these proceedings are, insofar as the parties to the main action are concerned, in the nature of a step in the action pending before a national court, the decision on costs is a matter for that court.

On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the observations of the Commission of the European Communities; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Article 177; Having regard to Regulation No 19 of the Council of 4 April 1962, on the gradual establishment of a common organization of the market in the cereals sector; Having regard to Regulation No 86 of the Commission of 28 July 1962, embodying provisions to prevent diversion of trade in cereals, especially Article 1; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, especially Article 20; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT in answer to the question referred to it by the Hessisches Finanzgericht by order of that court dated 12 June 1972, hereby rules:

1 Language of the Case: German.