Belgian State v Boterlux SPRL. (Agriculture) [1994] EUECJ C-347/93 (9 August 1994)

Belgian State v Boterlux SPRL. (Agriculture) [1994] EUECJ C-347/93 (9 August 1994)

Payment of export refunds is conditional on proof that goods have been released into free circulation in the non-member country of destination; exporters lose the right to refunds if goods are fraudulently re-imported into the Community, regardless of good faith or participation in the fraud, as such re-importation is not unforeseeable and exporters are expected to take contractual precautions.

Citation
[1994] EUECJ C-347/93
Parties
Appellant: Belgian State; Respondent: Boterlux SPRL
Jurisdiction
European Union
Judgment Date
09 August 1994
Procedural Posture
Preliminary Ruling / Reference From Cour D'appel, Brussels
Outcome
Preliminary ruling issued; interpretation of EU law provided to national court.
Legal Topics
Export Refunds, Milk and Milk Products, Fraudulent Re Importation, Force Majeure, Proof of Free Circulation
European Union Law Agricultural Law Export Refunds Milk and Milk Products Fraudulent Re Importation Force Majeure Proof of Free Circulation

Case Brief

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Parties

Belgian State

Appellant

Boterlux SPRL

Respondent

Procedural Posture

Preliminary Ruling / Reference From Cour D'appel, Brussels

Legal Issues

  1. 1 Whether payment of export refunds is conditional on proof of release into free circulation in a non-member country
  2. 2 Whether exporter loses right to refund if goods are fraudulently re-imported into the Community
  3. 3 Whether good faith or unforeseeability exempts exporter from loss of refund

Ratio Decidendi

Payment of export refunds is conditional on proof that goods have been released into free circulation in the non-member country of destination; exporters lose the right to refunds if goods are fraudulently re-imported into the Community, regardless of good faith or participation in the fraud, as such re-importation is not unforeseeable and exporters are expected to take contractual precautions.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to national court.

Orders

  • Payment of a differential refund is conditional on proof of release into free circulation in the non-member country of destination.
  • Member States may require such proof for non-differentiated refunds if there is suspicion or proof of abuse.