EU-domstolen

Judgment of the Court (First Chamber) 2 May 1985

CELEX: 61983CJ0154
Typ: EU-domstolen

In Joined Cases 154 and 155/83 REFERENCES to the Court under Article 177 of the EEC Treaty by the Hessischer Verwaltungsgerichtshof [Higher Administrative Court of Hesse] (Eighth Senate) for a preliminary ruling in the proceedings pending before that court between

THE COURT (First Chamber), composed of: G. Bosco, President of Chamber, T. Koopmans and R. Joliét, Judges, Advocate General: C. O. Lenz Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and issues

I — Facts and written procedure

II — Written observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the European Community

A — Is it necessary, for the purposes of the decision on whether the processing security should be released, to ascertain whether the powder for the preparation of edible ices has been subjected to further processing at a later stage?

B — What conditions must be satisfied in order for the security to be released?

C — Does Article 6 (a) also apply to powder for the preparation of edible ices?

D — Does Article 6 (a) of Regulation No 1259/72 permit subsequent processing of the powder for the preparation of edible ices?

E — May infringement of Article 6 (a) affect the release of the security?

F — Is the suitability for consumption of the powder for the preparation of edible ices governed by the provisions of the Speiseeisverordnung [Regulation relating to ice-cream] applicable in the Federal Republic of Germany?

G — Is the successful tenderer required to furnish proof that the powder for the preparation of edible ices has been dispatched to Member States which permit the use of sodium caseinate in the production of ice-cream?

A — Question (a)

B — Questions (b) and (e)

C — Question (c)

D — Question (d)

E — Questions (J) and (g)

Question (a)

Question (b)

Question (c)

Question (d)

Question (e)

Question (f)

Question (g)

A — Questions (a) and (b)

B — Question (c)

C — Question (d)

D — Question (e)

E — Questions (/) and (g)

A — The definition of final processing (Questions (a) and (d))

B — The extent of the duty to furnish proof (Questions (b) and (e))

C — The scope of Article 6 (a) (Question (c))

D — The significance of the addition of sodium caseinate as a binding agent (Questions (f) and (g))