Astir A.E. v Elliniko Dimosio. [1997] EUECJ C-109/95 (13 March 1997)

Astir A.E. v Elliniko Dimosio. [1997] EUECJ C-109/95 (13 March 1997)

A trader is not entitled to an export refund where the product perished in transit due to force majeure after leaving the Community, and the same rate of refund was fixed for all non-member countries except one, for which no refund was fixed; this constitutes a variable refund, requiring proof of importation.

Citation
[1997] EUECJ C-109/95
Parties
Applicant: Astir AE; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
13 March 1997
Procedural Posture
Preliminary Reference / Preliminary Ruling
Outcome
Application for export refund denied
Legal Topics
Export Refunds, Force Majeure, Interpretation of Commission Regulation (eec) No 2730/79
European Union Law Agricultural Law Export Refunds Force Majeure Interpretation of Commission Regulation (eec) No 2730/79

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Parties

Astir AE

Applicant

Hellenic Republic

Respondent

Procedural Posture

Preliminary Reference / Preliminary Ruling

Legal Issues

  1. 1 Entitlement to export refund when product perishes in transit due to force majeure and refund not fixed for one non-member country

Ratio Decidendi

A trader is not entitled to an export refund where the product perished in transit due to force majeure after leaving the Community, and the same rate of refund was fixed for all non-member countries except one, for which no refund was fixed; this constitutes a variable refund, requiring proof of importation.

Court Disposition

Application for export refund denied

Orders

  • Trader not entitled to export refund under Articles 10(4), 20 and 21 of Regulation No 2730/79 in circumstances described.
  • Costs for Greek Government and Commission not recoverable; national court to decide costs for main parties.