Remo Padovani and others v Amministrazione delle finanze dello Stato. [1985] EUECJ R-69/84 (20 June 1985)

Remo Padovani and others v Amministrazione delle finanze dello Stato. [1985] EUECJ R-69/84 (20 June 1985)

The phrase 'imported by sea' in Article 23(1) of Regulation No 120/67/EEC does not include customs clearance on board ship where products are forwarded, without unloading, to another Member State. The reduced levy applies only when goods are unloaded and use Italian port facilities. Agricultural products imported by...

Source-derived case information.

Citation
[1985] EUECJ R-69/84
Parties
Applicant: Remo Padovani and others (heirs of Otello Mantovani); Respondent: Amministrazione delle finanze dello Stato (State Finance Administration)
Jurisdiction
European Union
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Questions From Corte Suprema Di Cassazione, Italy
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Common Organization of the Market in Cereals, Import Levies, Community Transit, Interpretation of EU Regulations
European Union Law Agricultural Law Customs Law Common Organization of the Market in Cereals Import Levies Community Transit Interpretation of EU Regulations

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Parties

Remo Padovani and others (heirs of Otello Mantovani)

Applicant

Amministrazione delle finanze dello Stato (State Finance Administration)

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Questions From Corte Suprema Di Cassazione, Italy

  1. 1 Whether 'imported by sea' in Article 23(1) of Regulation No 120/67/EEC includes customs clearance on board ship without unloading in Italy
  2. 2 Whether agricultural products imported by sea into Italy with a reduced levy are in free circulation for the purposes of Article 1(3) of Regulation (EEC) No 542/69

Ratio Decidendi

The phrase 'imported by sea' in Article 23(1) of Regulation No 120/67/EEC does not include customs clearance on board ship where products are forwarded, without unloading, to another Member State. The reduced levy applies only when goods are unloaded and use Italian port facilities. Agricultural products imported by sea into Italy with a reduced levy are in free circulation within the Community for the purposes of Article 1(3) of Regulation (EEC) No 542/69.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • 'Imported by sea' does not include clearance through customs on board ship without unloading in Italy.
  • Agricultural products imported by sea into Italy with a reduced levy are in free circulation for the purposes of Article 1(3) of Regulation (EEC) No 542/69.