Elliniko Dimosio v Ellinika Dimitriaka AE. (Agriculture) [1994] EUECJ C-371/92 (8 June 1994)

Elliniko Dimosio v Ellinika Dimitriaka AE. (Agriculture) [1994] EUECJ C-371/92 (8 June 1994)

The Commission's telex was not binding; in the absence of binding Community rules, Member States could analogously apply import radioactivity standards to exports for refund purposes; Article 3 of Regulation No 3665/87 applies to the determination of product quality for refunds; and the conditions for subsequent correction of customs declarations were not met in this case.

Citation
[1994] EUECJ C-371/92
Parties
Applicant: Ellinika Dimitriaka; Respondent: Hellenic State
Jurisdiction
European Union
Judgment Date
08 June 1994
Procedural Posture
Preliminary Ruling / Reference From Appellate Court
Outcome
Preliminary questions answered; Commission telex not binding; Member States justified in applying import standards to exports; Article 3 applies to product quality; correction of customs declarations not permitted in these circumstances.
Legal Topics
Export Refunds, Radioactive Contamination, Agricultural Products, Customs Declarations, Community Regulations
European Union Law Administrative Law Customs Law Export Refunds Radioactive Contamination Agricultural Products Customs Declarations Community Regulations

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Parties

Ellinika Dimitriaka

Applicant

Hellenic State

Respondent

Procedural Posture

Preliminary Ruling / Reference From Appellate Court

Legal Issues

  1. 1 Whether the Commission's telex of 24 July 1986 is binding on Member States regarding maximum radioactivity levels for exports
  2. 2 Whether, in the absence of binding Community provisions, Member States could apply import radioactivity standards to exports for refund purposes
  3. 3 Whether Article 3 of Regulation No 3665/87 applies to the determination of product quality for export refunds

Ratio Decidendi

The Commission's telex was not binding; in the absence of binding Community rules, Member States could analogously apply import radioactivity standards to exports for refund purposes; Article 3 of Regulation No 3665/87 applies to the determination of product quality for refunds; and the conditions for subsequent correction of customs declarations were not met in this case.

Court Disposition

Preliminary questions answered; Commission telex not binding; Member States justified in applying import standards to exports; Article 3 applies to product quality; correction of customs declarations not permitted in these circumstances.